The 2nd U.S. Circuit Court of Appeals has dismissed Gibson, Dunn & Crutcher as appellate counsel from a bankruptcy case because the firm entered its appearance after it became known that Judge Robert D. Sack, a former partner of the firm, was on the panel.

“It cannot have escaped the notice of the Gibson, Dunn firm and its several partners that one of the members of this court’s panel, Judge Robert Sack, was a member of that firm from 1986 until 1998,” the court said in a per curiam opinion. “It was therefore obvious that Gibson Dunn’s appearance, if accepted by this court, would draw into question Judge Sack’s ability or willingness to remain on the panel ….”

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