Articles Posted in US Court of Appeals for the District of Columbia Circuit

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The DC Circuit affirmed the district court's denial of plaintiffs' motion to compel payment of attorneys' fees that they say should have been but were not paid as a result of PBGC doing too little to identify and make payments to class members. The court's de novo interpretation of the wrap-up agreement gave it no reason to question the district court's conclusion that PBGC fully performed notwithstanding class counsel's unsupported assertions to the contrary. The court also held that PBGC did not prevent class counsel's performance of the wrap-up agreement. In this case, the parties intended that the wrap-up would be complete within ten years. This ten year period was unambiguous and has expired. View "Collins v. PBGC" on Justia Law

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The DC Circuit affirmed the district court's denial of plaintiffs' motion to compel payment of attorneys' fees that they say should have been but were not paid as a result of PBGC doing too little to identify and make payments to class members. The court's de novo interpretation of the wrap-up agreement gave it no reason to question the district court's conclusion that PBGC fully performed notwithstanding class counsel's unsupported assertions to the contrary. The court also held that PBGC did not prevent class counsel's performance of the wrap-up agreement. In this case, the parties intended that the wrap-up would be complete within ten years. This ten year period was unambiguous and has expired. View "Collins v. PBGC" on Justia Law

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Plaintiffs settled a legal malpractice suit (2009 Litigation) in 2010 against defendant, but alleged that defendant failed to explain that the settlement meant all of their claims were fully and finally dismissed. In 2015, plaintiffs filed suit against defendant for, inter alia, his allegedly negligent settlement advice. The district court twice dismissed the complaint as untimely. The DC Circuit held that, taking the allegations of the complaint as true and drawing all reasonable inferences in plaintiffs' favor, plaintiffs' claims were not conclusively time barred at the pleading stage. Under the circumstances of this case, including the parties' attorney-client relationship, plaintiffs' efforts to check in with defendant about the 2009 Litigation every three months following the 2010 settlement plausibly fulfilled their duty to investigate their affairs with reasonable diligence. Therefore, it was plausible that plaintiffs' claims did not accrue prior to May 6, 2012 and thus their claims were not time-barred. Accordingly, the court reversed and remanded. View "Momenian v. Davidson" on Justia Law