This is a huge case and a very useful one for people who want to think about whether government litigators have a higher calling than private practice litigators. The procedural posture has become complicated but, in a nutshell, following a huge wildfire, both state and federal litigators sued Sierra Pacific on the theory that they caused the fire. After settling with the feds, SP turned around the state case and inflicted massive discovery sanctions against the state. (Disclaimer: the state court judge who made the rulings, the Hon. Leslie Nichols, is in my Inn of Court and I know him collegially.)
Now pending in the Eastern District of California is a motion to undo the settlementon the basis of fraud, which motion is buttressed with a declaration from a former federal litigator who worked on the case. The DOJ has asked the court to DQ all the lawyers for SP. The DOJ isn't blinking on the issue of alleged discovery misconduct. If there was misconduct, wouldn't government lawyers have a duty to step forward and remedy that?
For an introduction to the matter, see Seeking Justice. The motion to void the settlement:
Download PA Rule 60(D) motion-c
The key declaration:
Download Wright-Decl-c-MOONLIGHT-FIRE
The DQ motion:
Download 2014-11-17_US Motion Disqualification of Counsel and Ancillary Relief