ETHICS & ATTORNEY'S FEES CASES

• US v. Amico
• Stein v. KPMG, LLP
• Pennsylvania Family Inst., Inc. v. Black
• Johnson v. Chandler
• Foote v. Del Papa
• Florida Bar v. Cocalis

U.S. 2nd Circuit Court of Appeals, May 23, 2007
US v. Amico, No. 03-1737
Convictions and sentences on charges arising from a mortgage fraud scheme are vacated as the district judge's handling of, and reaction to, his prior dealings with the government's main cooperating witness concerning a mortgage application for the judge created an appearance of partiality and recusal was required. Read more...

U.S. 2nd Circuit Court of Appeals, May 23, 2007
Stein v. KPMG, LLP, No. 06-4358
Exercise of ancillary jurisdiction in a criminal tax fraud prosecution over a state law contractual claim for attorneys' fees, and denial of a motion to compel arbitration under the Federal Arbitration Act, is vacated as to order asserting ancillary jurisdiction as it is beyond the district court's power. Read more...

U.S. 3rd Circuit Court of Appeals, May 25, 2007
Pennsylvania Family Inst., Inc. v. Black, No. 05-5259
In a case involving the free speech rights of candidates for state judicial office, various provisions of Pennsylvania's Code of Judicial Conduct and Rules Governing Standards of Conduct of Magisterial District Justices were challenged by a non-profit organization that sought to elicit the political and legal views of state judicial candidates for dissemination to its members and the public. Dismissal of the organization's action for declaratory and injunctive relief is affirmed as it lacked standing because: 1) in order to maintain a "right to listen" claim, plaintiff had to clearly establish the existence of a "willing speaker"; 2) in order to show the existence of a willing speaker, a party must at least demonstrate that but for a regulation, a speaker subject to it would be willing to speak; and 3) the organization failed to establish the presence of a willing speaker. Read more...

U.S. 7th Circuit Court of Appeals, May 24, 2007
Johnson v. Chandler, No. 06-2259
Upon a motion for retroactive appointment to represent a prisoner on a petition for habeas corpus so that the attorney could recover fees for the petition, the motion is granted where the court benefited from the attorney's representation. The court reminds lawyers representing prisoners in post-conviction matters by appointment in the district court to seek reappointment in the appellate circuit at the time an appeal is filed if they continue their representation on appeal and intend to seek compensation under the Criminal Justice Act. Read more...

U.S. 9th Circuit Court of Appeals, May 22, 2007
Foote v. Del Papa, No. 06-15094
Denial of a habeas corpus petition challenging a conviction for battery with intent to commit a crime, sexual assault, and sexual assault with a deadly weapon is affirmed where the Nevada Supreme Court's rejection of petitioner's conflict of interest claim was neither contrary to, nor an unreasonable application of, established federal law as determined by the Supreme Court of the United States. Read more...

Supreme Court of Florida, May 24, 2007
Florida Bar v. Cocalis, No. SC05-1425
In attorney disciplinary proceedings involving alleged misconduct in handling a personal injury suit, a report recommending that an attorney be diverted to the Florida Bar's Practice and Professionalism Enhancement Program and that he be directed to attend the Bar's Ethics School at his expense is approved as to the facts found below, but diversion is not appropriate as the attorney's conduct violated Rules Regulating the Florida Bar 3-4.3 and the misconduct was more than "minor." Instead a public reprimand by the Board of Governors of The Florida Bar and participation in the Bar's practice and professionalism program on the terms recommended by the referee are found to be the appropriate discipline. Read more...