Firsov v. Scandinavian Airlines System Denmark-Norway-Sweden

Background

Sergey Firsov moved to disqualify the judge under 28 U.S.C. § 455. That statute requires a judge to disqualify himself when his impartiality might reasonably be questioned. Firsov based his request solely on rulings he considered unfavorable, including the court’s allowing Scandinavian Airlines System Denmark-Norway-Sweden to file a brief exceeding 25 pages and the court’s sanctioning him.

The court also addressed Firsov’s request for permission to file extra pages. It found that request moot because the disqualification motion was four pages long. The court said the attached material did not make the motion a 33-page filing.

Legal standard

The court applied the standard for judicial disqualification under § 455(a): whether a reasonable, well-informed person knowing all the facts would reasonably question the judge’s impartiality. The court explained that this standard generally requires a basis outside the proceedings, rather than relying only on the judge’s rulings, opinions, or statements during the case. Judicial conduct during the proceedings ordinarily does not support disqualification except in rare circumstances.

Ruling

The court denied Firsov’s motion to disqualify. It found that Firsov had not identified an outside source of alleged bias and had not shown such a high degree of favoritism or antagonism that fair judgment would be impossible. The court stated that dissatisfaction with its rulings may be a basis for an appeal, but not for disqualification. The order disposed of Docket No. 64.