Commercial Litigation and Arbitration

Recusal — Reconsideration

There is a split in the Circuits was to whether a federal district judge may reconsider a decision to recuse. Compare Doddy v. OXY USA, Inc., 101 F.3d 448, 458 (5th Cir. 1996) (no) with United States v. Lauersen, 348 F.3d 329, 338 (2d Cir. 2003) (yes). See also Chief Judge Thomas Hogan’s recent decision in United States v. Pineda, 2007 U.S. Dist. LEXIS 22300 (D.D.C. March 27, 2007) (considering the issue but finding it moot in the circumstances).

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