McCombe also said he felt Marshall's involvement with a later case that led to the reduction of the damages in the Harvard suit had been improper.
Marshall wrote the court's majority opinion in a separate case that made it more difficult for plaintiffs to receive large amounts of money in punitive damages. As a result of the ruling, the damages awarded in Harvard's case were cut.
McCombe said Marshall should have recused herself from the case since it had the potential to impact her former employer.
But Ryan said the Court's ruling was based on existing precedent and did not involve substantial innovation.
Marshall's husband, J. Anthony Lewis '48, who is also a former Crimson executive, said Marshall will not comment on the controversy surrounding her nomination until after the governor's council decision.