ETHICS & ATTORNEY'S FEES CASES

• Aris v. Mukasey
• Ridge Chrysler Jeep, LLC v. DaimlerChrysler Fin. Servs. Ams. LLC
• Riviera Distribs., Inc. v. Jones
• Keck Garrett & Assocs., Inc. v. Nextel Communications, Inc.
• Ty Inc. v. Softbelly's, Inc
• Tchemkou v. Mukasey
• Trustees of the Graphic Communications Int'l Union Health and Welfare Plan v. Bjorkedal
• Byars v. The Coca-Cola Co.

U.S. 2nd Circuit Court of Appeals, February 20, 2008
Aris v. Mukasey, No. 07-1211
Denial of motion to reopen deportation proceedings and rescind a deportation order entered in absentia is vacated. A lawyer who misadvises his client concerning the date of an immigration hearing and then fails to inform the client of the deportation order entered in absentia (or the ramifications thereof) has provided ineffective assistance. Read more...

U.S. 7th Circuit Court of Appeals, February 20, 2008
Ridge Chrysler Jeep, LLC v. DaimlerChrysler Fin. Servs. Ams. LLC, No. 06-4140
In a suit by car dealers against a car manufacturer accusing the manufacturer of ending their franchises without adequate cause by requiring that they pay up front for inventory, dismissal of the suit for misconduct is affirmed where the instances of plaintiffs' misconduct were supported by adequate findings and the penalty of dismissal was proportionate to the misconduct. Read more...

U.S. 7th Circuit Court of Appeals, February 20, 2008
Riviera Distribs., Inc. v. Jones, No. 06-2043
In a suit alleging that a video poker machine sold by defendants infringed upon the plaintiff's copyright for video poker software, denial of defendants' motion for attorney's fees after a voluntary dismissal with prejudice is reversed where defendants were the prevailing party, despite the fact that the judge's ruling was not on the merits and the award of fees was authorized by the Copyright Act. Read more...

U.S. 7th Circuit Court of Appeals, February 21, 2008
Keck Garrett & Assocs., Inc. v. Nextel Communications, Inc., No. 07-1350
In a suit alleging breach of contract and quantum meruit against a communications company by a company that designs packaging images, summary judgment for defendant is affirmed where: 1) an invoice sent to defendants did not encompass any work contemplated by the parties' contract; 2) a blanket purchase order from defendant did not guarantee a minimum payment to plaintiff; 3) plaintiff waived its quantum meruit argument; and 4) Illinois law does not permit a party to recover on a theory of quasi-contract when an actual contract governs the parties' relations on that issue. Motion for sanctions against defendant is denied where the court lacks jurisdiction to hear the matter. Read more...

U.S. 7th Circuit Court of Appeals, February 22, 2008
Ty Inc. v. Softbelly's, Inc, No. 07-1452
In a suit for trademark infringement between two manufacturers of "beanie" stuffed animals, sanctions against plaintiff for litigation misconduct are reversed where the sanctions exceeded the limits of proportionality. The underlying verdict for plaintiff is affirmed, however, where defendant abandoned its argument that the trademark term was generic and there was sufficient evidence of infringement to support the verdict. Read more...

U.S. 7th Circuit Court of Appeals, February 22, 2008
Tchemkou v. Mukasey, No. 06-2638
After the grant of a petition for review of a BIA decision, petitioner's motion for attorney's fees and costs is granted where the government's position in the underlying action was not substantially justified. Read more...

U.S. 8th Circuit Court of Appeals, February 22, 2008
Trustees of the Graphic Communications Int'l Union Health and Welfare Plan v. Bjorkedal, No. 07-1256, 07-1258
In trustees' ERISA action against shareholders of a company arising after the company stopped making contributions to a fund that provided health and medical benefits to union employees, summary judgment for defendants is affirmed where the district court did not err in finding that the company was a valid, separate entity, and that defendants were not personally liable for its obligations under any of the asserted theories. Denial of defendants' claim for attorney's fees is affirmed as trustees brought the action to protect the fund and did not act in bad faith. Read more...

U.S. 11th Circuit Court of Appeals, February 22, 2008
Byars v. The Coca-Cola Co., No. 06-15708
In an action to recover benefits under employer's long-term disability plan, part of the judgment against defendants fixing amount of "own occupation" benefits awarded to plaintiff and part of the judgment for defendants denying "any occupation" benefits to plaintiff are vacated, primarily, where: 1) the district court erred in deciding plaintiff's entitlement to "any occupation" benefits on summary judgment; and 2) the summary judgment opinion did not discuss the "own occupation" issue. Read more...