Patricia L. Preston La Juan M. Mitchell Leonard Jamar Preston v. United States

Patricia A. Preston, La Juan M. Mitchell, and Leonard Jamar Preston (collectively, “the heirs”), heirs of Leonard Preston, Jr. (“Preston”), appeal from a judgment in favor of the United States in a wrongful death action brought under the Federal Torts Claims Act, 28 U.S.C. §§ 1346 (b), 2671, et seq. The heirs’ sole contention on appeal is that the district court erred in denying two motions for recusal of Judge J. Spencer Letts of the United States District Court for the Central District of California. The first recusal motion, which is the only motion we consider in this appeal, was made on the ground that, prior to being appointed to the federal bench, Judge Letts was “of counsel” to the law firm of Latham & Watkins. The law firm represented Hughes Aircraft Company (“Hughes”), Preston’s employer at the time of his death. Although Hughes was never a party to the litigation before Judge Letts, had judgment been rendered against the government a potential claim for indemnification against Hughes would have been triggered under a contract between Hughes and the government.

We have jurisdiction under 28 U.S.C. § 1291 . We vacate the judgment and remand to the district court for a…