CORNELL
v.
ALL POTENTIAL
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A federal magistrate judge recused herself from a maritime limitation of liability case because she was a member of Freedom Boat Club, LLC, one of the parties that appeared in the action, citing the requirement under 28 U.S.C. § 455 that judicial impartiality not be reasonably questioned.
The magistrate judge recused herself pursuant to 28 U.S.C. § 455(a), which requires disqualification whenever a judge's impartiality might reasonably be questioned. The judge found that although she did not doubt her personal ability to remain impartial, the statutory standard required recusal.
“under 28 U.S.C. § 455, a judge shall disqualify herself in any proceeding in which her impartiality might reasonably be questioned”
States the statutory standard requiring judicial recusal when impartiality may be questioned
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBrunna Cornell filed an action as owner of a 2023 Crowline E235XS boat (hull ID KIS89500C323) seeking exoneration from or limitation of liability. On …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Impartiality Of Judge cases and more on FLexlaw
BRUNNA CORNELL as owners pro hac vice of and for a 23' 2023 CROWLINE E235XS, hull Identification number KIS89500C323, her engines, tackle, And appurtenances, for Exoneration From or Limitation of Liability
Case No. 8:24-cv-900-SDM-AAS
ORDER
On August 21, 2024, Freedom Boat Club, LLC, appeared in this action.
I am a member of Freedom Boat Club. Although I do not doubt my ability to remain impartial throughout this case, under 28 U.S.C. § 455, a judge shall disqualify herself in any proceeding in which her impartiality might reasonably be questioned. 28 U.S.C. § 455(a). When the proper grounds exist, a judge has an affirmative and self-enforcing obligation to recuse herself sua sponte. United States v. Kelly, 888 F. 2d 732, 744 (11th Cir. 1989).
Accordingly, I recuse myself. The Clerk is DIRECTED to reassign this case to another magistrate judge by random draw.
ORDERED in Tampa, Florida on September 3, 2024.
Amanda Arnold Sansone United States Magistrate Judge