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Judges and Judiciary,
Ethics/Professional Responsibility,
Civil Litigation

Oct. 4, 2021

3 Eastern District judges recuse in toxic label litigation

The triple recusal case is about the labeling of foods that contain acrylamide under Proposition 65. An intervenor, the Council for Education and Research in Toxics, moved to remove U.S. Eastern District Chief Judge Kimberly J. Mueller in August. She said she had no conflict but recused because of invasion of her privacy by litigant and intervenor.

3 Eastern District judges recuse in toxic label litigation
From left, U.S. Eastern District Chief Judge Kimberly J. Mueller, Senior U.S. District Judge Morrison C. England Jr. and District Judge John A. Mendez

Three judges in the U.S. Eastern District of California have recused themselves from the same case over five days. The unusual sequence of orders is not related to recent revelations that 131 federal judges across the country oversaw cases in which they had a financial interest in one or more litigants.

The triple recusal case is about the labeling of foods that contain acrylamide under Proposition 65. An intervenor, the Council for Educat...

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