Judge Disqualifies Husch as Verizon’s Counsel in Milwaukee Small-Cells Case

U.S. District Judge Brett Ludwig for Eastern Wisconsin granted the motion of Milwaukee’s Deer District to intervene to prevent Verizon's installation of small cells and mounting poles for July’s Republican National Convention in the public pedestrian plaza the district controls outside the Fiserv Forum (see 2401230017), said his signed order Wednesday (docket 2:23-cv-01581).

The judge also granted the district’s motion to disqualify Husch Blackwell as Verizon’s counsel in the case because the law firm counts both the district and Verizon as clients (see 2401250010), said the order.

In light of the district’s awareness of the case for more than six weeks, it should have moved “more promptly” to intervene, said the order. But the judge nevertheless found that the motion was timely for purposes of Rule 24, it said.

Ludwig also found that the district “had an interest in the subject matter of the lawsuit” that wasn’t adequately represented by existing parties and that it may be “impaired or impeded by the disposition of the case,” said order. The judge added the district to the case as an intervening defendant.

In disqualifying Husch as Verizon’s counsel because Husch also represents the district in union and labor matters, the judge found the decision “a very close call,” said the order. Because the parties confirmed that Husch represents the district in other ongoing matters, there is a conflict of interest in violation of Wisconsin Supreme Court Rule 20:1.7, it said.

The district “is a sophisticated legal entity with in-house counsel who had knowledge of the lawsuit” and Husch’s representation of Verizon “for several weeks,” said the order. The district was or should have been aware that Husch represented it in other matters, it said.

Considering that Husch on Verizon’s behalf sought expedited review of this case and filed a motion for a preliminary injunction that also necessitates expedited review, the district “should have acted sooner,” said the order. The district instead took no steps to notify Husch of the conflict or to seek disqualification until just before the preliminary injunction hearing, it said. This creates the potential that the district “was using the conflict and disqualification motion as a litigation tactic,” it said.

The court nevertheless was persuaded there would be no prejudice to Verizon because Husch had arranged for substitute counsel to appear “and take over the representation without further delay,” said the order. The district confirms it wasn’t requesting that prior briefing or argument offered by Husch on Verizon’s behalf be stricken from the record, it said.

The judge terminated Husch as Verizon’s counsel in the case and recognized Laffey Leitner as substitute counsel, said the order.