Berens v. Mumme
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The Supreme Court reversed the judgment of the district court denying Plaintiff's motion to peremptorily disqualify the judge assigned to her case, holding that the district court erred by denying Plaintiff's motion.
Plaintiff brought this action against her coworker and their employer, alleging claims of battery and negligence against her coworker and that the employer failed properly to supervise and control the coworker. The judge assigned to Plaintiff's case subsequently recused himself and assigned another judge to the case. Four days later, Plaintiff filed her motion to peremptorily disqualify the second judge. The district court denied the motion as untimely. The Supreme Court reversed, holding that the motion was timely.
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