North Carolina Business Litigation Report

Herion v. Fieldcrest Cannon, Inc., February 23, 2000 (Tennille)(unpublished)

The Court found no bias or prejudice warranting that it enter an order recusing another judge. Bias requires a showing of personal enmity by the judge toward the party seeking to disqualify. Errors of law will not support recusal, as those are a matter for appeal. Nor did the judge's threats to hold counsel in contempt warrant recusal. The fact that the judge, who was partially retired, also conducted a mediation practice did not warrant recusal either.

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Mack Sperling
Brooks Pierce, LLP
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