Sao Paulo State of Federative Republic of Brazil v. American Tobacco Co., 535 U.S. 229, 3 (2002)

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Cite as: 535 U. S. 229 (2002)

Per Curiam

amicus curiae committee which approved the brief Michael St. Martin, who represents petitioner in the case before us. The amicus brief itself—which did not list either Judge Barbier or Mr. St. Martin—supported the Gilboy plaintiff's claim that cigarettes are addictive and cause cancer, and that the defendants failed to warn consumers about these dangers. Brief for LTLA as Amicus Curiae in No. 90-C-2686 (La. Sup. Ct.), App. to Brief in Opposition 9a; Gilboy, supra, at 1266.

Respondents argued that Judge Barbier's association with the Gilboy amicus brief created an "appearance of partiality" requiring disqualification under § 455(a). Brief in Opposition 3. Judge Barbier disagreed. Adopting his reasons for denying recusal in Republic of Panama I, he refused to disqualify himself because his name appeared in error on the motion to file the amicus brief and because he took no part in preparation or approval of the brief. Minute Entry in Civ. Action Nos. 00-0922, 98-3279 (ED La., May 26, 2000), App. to Pet. for Cert. 43a; Tr. of Proceeding on Motion for Recusal in Republic of Panama I, pp. 21, 37-40 (Feb. 3, 1999), App. to Pet. for Cert. 48a-51a (Tr. of Proceeding). Indeed, he was previously unaware of it, which he found unsurprising because the LTLA affixed the president's name to all motions to file amicus briefs, despite the fact that the president had absolutely no role in preparation or approval of the briefs. Tr. of Status Conf. in Republic of Panama I, pp. 7-8 (Dec. 21, 1998), App. to Pet. for Cert. 53a (Tr. of Status Conf.); Tr. of Proceeding 37-40, App. to Pet. for Cert. 49a- 51a. Judge Barbier also noted in Republic of Panama I that he had never practiced law with Mr. St. Martin or any other lawyer listed on the motion, had no personal knowledge of the disputed facts in Gilboy, had never taken a position with respect to any of the issues raised in petitioner's suit, and had never been involved in a tobacco-related case "one way or another in my whole legal career." Tr. of

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