Astros Removing Judge in Mike Bolsinger’s Lawsuit Who They Claim Is ‘Prejudiced’
Partner and co-chair of the Litigation Department, Bill Fried was quoted in an article in The Athletic discussing a lawsuit filed by former Major League pitcher Mike Bolsinger against the Houston Astros and owner Jim Crane. At issue is a California law allowing for parties to file one, uncontested peremptory challenge to remove a judge. "This is (a) unique rule in California, arising out of the potential danger that a judge may be prejudiced against a particular party for whatever reason," Fried said. "That concern caused the legislature of California to allow each party a right to challenge a judge assigned to a case for any or no reason...a peremptory challenge similar to those granted to parties when selecting a jury. We don't have any such right in New York and I am not aware of any other state that allows it, nor does such a challenge right exist in the federal courts."