Justia Legal Ethics Opinion Summaries

Scott Liberty appealed a superior court's interlocutory order that denied his motion to reconsider his motion to disqualify attorney Martha Gaythwaite from representing Jeffrey Bennett. Liberty contended that Gaythwaite should have been disqualified because she previously represented Liberty's former attorney David Van Dyke in a legal malpractice action brought by Liberty. Upon review of the matter, the Supreme Court found that Liberty failed to demonstrate that any exception to the "final judgment rule" should have applied to justify reaching the merits of this appeal. Accordingly, the Court dismissed Liberty's appeal. View "Liberty v. Bennett" on Justia Law

Appellee Theresa Dennie filed a paternity action, contending that Appellant Grady Tracy was the natural father of M.T. and requesting custody of the child, with Tracy having visitation. Tracy filed a motion for the appointment of an attorney ad litem, which the circuit court granted. Prior to the final hearing in the matter, Tracy objected to the circuit court's receipt of the ad litem's report. At the conclusion of the hearing, the circuit court left custody with Dennie and awarded Tracy standard visitation. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in overruling Tracy's objection to the admission of the ad litem's report and in admitting the report, as (1) the report's contents and recommendation were admissible by law or the Court's rules, even if hearsay; and (2) the admission of the report did not violate Ark. R. Prof'l Conduct 3.7. View "Tracy v. Dennie" on Justia Law

Plaintiffs, Jonathan Keller and a group of business entities, filed a vexatious litigation claim against Defendant, executrix of the estate of Robert Beckenstein. The trial court concluded it lacked jurisdiction over Plaintiffs' complaint because the claim had yet to ripen into a cognizable claim. The appellate court affirmed. The Supreme Court reversed, holding that the appellate court improperly determined that the trial court correctly had concluded that it lacked subject matter jurisdiction over Plaintiffs' complaint at the time it was filed, as Conn. Gen. Stat. 45a-363 provides the superior court a limited grant of jurisdiction over a complaint filed pursuant to that statute, even if the claim is not ripe when filed. View "Keller v. Beckenstein" on Justia Law

Defendant, a former federal prosecutor and prominent defense attorney, was indicted on charges including violations of the Racketeering Influenced and Corrupt Organizations Act. Reasoning that the RICO charges were inappropriate in light of the disparate nature of the substantive crimes that served as racketeering predicates, the district court dismissed. The Third Circuit reversed. On remand, the government filed a 33-count superseding indictment charging RICO violations, witness tampering (including facilitation of murder), participation in a cocaine-trafficking conspiracy, and tax evasion. The district court ordered the murder counts severed and tried them first, prohibiting the government from introducing evidence of two other witness-murder plots. The jury was unable to reach a verdict. After the jury was dismissed, the government, anticipating retrial, asked whether the court would adhere to its earlier evidentiary rulings. “Absolutely,” was the response, though the court noted that the government would be permitted to try to convince it otherwise. The Third Circuit vacated the ruling excluding evidence of the other plots and remanded for reassignment; the court’s statements before and after the earlier appeal indicate that its "impartiality might reasonably be questioned." View "United States v. Bergrin" on Justia Law

In this case Supreme Court settlement judge Nicholas Frey was disqualified from representing Respondent Amador Stage Lines, In. Pursuant to Nevada Rules of Professional Conduct 1.12(c), Frey's disqualification was imputed to the remaining members of his law firm, Woodburn and Wedge, but the parties disagreed on whether screening could be utilized to cure the imputed disqualification. Before the Supreme Court was Appellant Ryan's Express Transportation Services, Inc.'s motion to disqualify Woodburn and Wedge from representing Amador in this appeal. The Court deferred ruling on the motion to disqualify, concluding that more facts were necessary for the Court to consider the sufficiency of Woodburn and Wedge's screening measures and weather screening could be used to cure imputed disqualification in this situation. Remanded for an evidentiary hearing and written findings of fact and conclusions of law regarding the adequacy of the screening. View "Ryan's Express Transp. Servs., Inc. v. Amador Stage Lines, Inc." on Justia Law

A jury returned a verdict in favor of plaintiff on its claim of fraud and breach of the duty of good faith and fair dealing against defendants. Defendants' misrepresentations induced plaintiff to settle the asbestos exposure claims of two former employees whom defendants represented in a state-court lawsuit. On appeal, defendants contended that the district court lacked subject matter jurisdiction over the instant case under the Rooker-Feldman doctrine, and alternatively that the case called for Burford abstention. Defendants also contended that the evidence established their statute-of-limitations and waiver defenses as a matter of law. The court concluded, however, that defendants misconceived the legal authorities relevant to their jurisdiction, abstention, and waiver arguments. Regarding the statute of limitations issue, the court concluded that a reasonable jury could have found for plaintiff. Accordingly, the court affirmed the district court's judgment. View "Illinois Central Railroad Co. v. Guy, et al." on Justia Law

Mitchell was a partner in the Cleveland law firm from the early 1980s until 2006. There was no formal partnership agreement; each partner practiced in a different area of law, and each represented his clients with essentially no oversight, but shared evenly in the firm's profits. Mitchell was indicted for his involvement in a long-running scheme to bribe the auditor of Cuyahoga County into awarding overvalued contracts for appraisal work to a company formed by his law partners. The indictment charged conspiracy to commit bribery concerning programs receiving federal funds, 18 U.S.C. 371; bribery concerning programs receiving federal funds, 18 U.S.C. 666(a)(2); and conspiracy to violate the Hobbs Act, 18 U.S.C. 1951. The district court granted Mitchell acquittal on the Hobbs Act charge, but a jury convicted him of the remaining two counts. He was sentenced to 97 months. The Sixth Circuit affirmed, rejecting a challenge to the jury instruction that deliberate ignorance, in some instances, can constitute knowledge, and a challenge to the sentence. View "United States v. Mitchell" on Justia Law

This case arose from a trademark infringement suit involving the sale of counterfeit versions of defendant's hoisin sauce. The district court subsequently imposed sanctions in fees and costs pursuant to FRCP 11 against plaintiffs and their attorneys in favor of defendant. The attorneys appealed, contending that the district court erred in its application of Rule 11. Defendant cross-appealed, contending that the district should have awarded substantially more in fees and costs and moved to sanction the attorneys for filing a purportedly frivolous appeal. The court held that the safe harbor requirement under Rule 11 was satisfied in these circumstances; the attorneys have failed to show that the district court abused its discretion in concluding that the action was frivolous; nor have the attorneys shown that the district court abused its discretion in deciding to impose monetary sanctions. The court rejected defendant's arguments on cross appeal and affirmed the judgment of the district court. View "Star Mark Mgmt., Inc. v. Koon Chun Hing Kee Soy & Sauce Factory, Ltd." on Justia Law

Petitioner was prosecuting attorney for Kanawha County. Respondent was a circuit judge in Kanawha County. Respondent was a defendant in a murder prosecution pending in the County. Petitioner requested a writ of prohibition to challenge a ruling of the Kanawha County circuit court barring the introduction of certain shell casings found at the scene of the crime and firearms and ammunition seized from a residence associated with Respondent. The evidence was suppressed as a sanction for the State's admitted failure to make the shell casings available to the defense for inspection and possible testing. The Supreme Court granted the request and prohibited the enforcement of the circuit court order excluding the materials at issue from evidence, holding that while the State's conduct was troublesome, the circuit court failed properly to analyze the necessary factors for sanctions against the State pursuant to its holdings in State ex rel. Rusen v. Hill. View "State ex rel. Plants v. Circuit Court (Webster) " on Justia Law

By the Supreme Court's order, Magistrate Carol Fouty was suspended without pay from her position as magistrate following a finding of probable cause that Fouty had engaged or was currently engaged in a serious violation of the Code of Judicial Conduct, and further noting that Fouty previously had received a written admonishment for violating the Code of Judicial Conduct. Fouty requested a hearing on the issue of her suspension without pay, which was granted by the Court. The Court then affirmed the suspension without pay, holding that the Code of Judicial Conduct and existing case law supported Fouty's suspension without pay pending the completion of the underlying judicial disciplinary proceeding. View "In re Fouty" on Justia Law