The right to a fair trial is one of the most important components of the American judiciary system. This is true regardless of whether one is the plaintiff or the defendant or whether the case is criminal or civil.
If a litigant believes that some impropriety has taken place that could prejudice his or her at trial later on, he or she may file a motion to recuse the trial court judge, as happened in a recent Tennessee wrongful death lawsuit. Of course, such a motion is not automatically granted, as the moving party must have valid reasons for the request.
Facts of the Case
In a recent case filed in the Circuit Court for Davidson County, the plaintiff was the surviving spouse of a man who allegedly died as a result of an act of medical negligence committed by the defendant health care provider. The plaintiff filed suit, both individually and as surviving spouse, seeking monetary compensation for the decedent’s death. The defendant filed a motion for partial summary judgment, which the trial court judge indicated that he was going to deny on the basis that there were disputes over material facts. The judge’s law clerk allegedly stopped the plaintiff’s counsel in the hallway after the hearing and asked him to submit an order denying the defendant’s motion. Continue reading