Mitsui Shintaku Ginko K. K., Tokyo v. Dodge

How later courts describe this case

• holding that disqualification on the basis of bias or prejudice or lack of impartiality should focus on the party rather than counsel
• judge not required to recuse himself due to acquaintanceship between plaintiff and judge, and fact that plaintiff had supported judge's nomination to the bench
• Section 144 and new section 455 are to be construed in pari materia and same substantive test of bias would be applied.
• controversy between lawyer and judge over the propriety of the lawyer’s use of a class action device did not suggest bias against the client
• vessel owner negligent when longshoreman slipped and fell on snow allowed to accumulate on deck of ship
• office of § 144 procedure is to disqualify a judge prior to trial on motion of a party; § 455 is statutory standard for judicial self-disqualification
• the fact that judge was acquainted with witnesses and defense counsel did not require recusal
• fact that allegedly prejudicial information is learned in a judicial rather than a personal capacity is “relevant” to the analysis of the appearance of impropriety