ETHICS & ATTORNEY'S FEES CASES

• Vazquez-Fillippetti v. Banco Popular de Puerto Rico
• In Re: Zeno
• Coleman v. Newburgh Enlarged City Sch. Dist.
• Sanchez & Daniels v. Koresko & Assocs.
• Dennis v. BEH-1, LLC
• Burlington N. & Santa Fe Ry. Co. v. Grant
• A.G. Edwards & Sons, Inc. v. Beyer
• Slesinger v. Walt Disney Co.

U.S. 1st Circuit Court of Appeals, September 27, 2007
Vazquez-Fillippetti v. Banco Popular de Puerto Rico, No. 05-2372
In a suit against a bank alleging negligent design of an ATM facility after plaintiff was struck by a car while using the facility, jury verdict for plaintiff is reversed where the plaintiff did not present sufficient evidence of negligent design to permit the jury's verdict. Attorney's fees assessed against the driver of the car are affirmed. Read more...

U.S. 1st Circuit Court of Appeals, September 27, 2007
In Re: Zeno, No. 07-8017
Sanctions against an attorney for submissions made to the court are affirmed where the district court did not abuse its discretion in determining that the attorney's actions were disrespectful conduct disruptive of the judicial process and worthy of sanctions or in imposing a suspension from the practice of law before the district court for three months. Read more...

U.S. 2nd Circuit Court of Appeals, September 25, 2007
Coleman v. Newburgh Enlarged City Sch. Dist., No. 06-1466
In case involving plaintiff, a disabled child suspended by defendants and who sought injunctive relief to reinstate him, rejection of defendants' argument that plaintiff failed to exhaust his administrative remedies, and order awarding plaintiff attorney's fees and costs under the IDEA is reversed where the district court erred in determining that exhaustion would be futile. Read more...

U.S. 7th Circuit Court of Appeals, September 24, 2007
Sanchez & Daniels v. Koresko & Assocs., No. 07-1228
In an action seeking a declaration that plaintiff was not obligated to pay for certain legal services, the panel adopts the district court's decision that dismissed the action after declining to exercise supplemental jurisdiction over state law claims when all federal claims had been dismissed. Read more...

U.S. 9th Circuit Court of Appeals, September 25, 2007
Dennis v. BEH-1, LLC, No. 04-56230
In a suit brought against Experian alleging violations of the Fair Credit Reporting Act (FCRA), summary judgment for defendant is reversed and remanded where: 1) plaintiff made the prima facie showing of inaccuracy required by 15 U.S.C. sections 1681e and 1681i as defendant's credit report on him was inaccurate since a dismissal without prejudice was not a "Civil claim judgment" against him; 2) contrary to the findings below, plaintiff offered credible evidence of "actual damages"; and 3) the district court erred in holding that defendant complied with its reinvestigation obligations, and no rational jury could find that the company wasn't negligent in regards to such reinvestigation. (Opinion following rehearing) Read more...

U.S. 10th Circuit Court of Appeals, September 24, 2007
Burlington N. & Santa Fe Ry. Co. v. Grant, No. 04-5182, 04-5190, 05-5137
In a dispute involving a tar-like material plaintiff-railroad alleged defendant moved onto its property, a judgment and award of attorney's fees against plaintiff as well as certain interlocutory orders, are reversed and vacated as: 1) the district court erred in dismissing plaintiff's Resource Conservation and Recovery Act (RCRA), public nuisance, and abatement claims at the summary judgment stage; and 2) it erred in entering judgment as a matter of law as to plaintiff's private nuisance and unjust enrichment claims. Read more...

Supreme Court of Texas, September 28, 2007
A.G. Edwards & Sons, Inc. v. Beyer, No. 05-0580
A judgment and awards pursuant to a jury verdict finding petitioner breached its contract with respondent when it failed to create a joint account with the right of survivorship in the name of her and her father are affirmed in part but reversed in part as to an award of attorney's fees where plaintiff was required to segregate attorney's fees between her breach of contract and tort causes of action. Read more...

California Appellate Districts, September 25, 2007
Slesinger v. Walt Disney Co., No. B178340
When a plaintiff's deliberate and egregious misconduct makes any sanction other than dismissal inadequate to ensure a fair trial, the trial court has inherent power to impose a terminating sanction. Read more...