14 results for 'cat:"Contract" AND cat:"Attorney Discipline"'.
J. Alley finds a lower court ruled partially correctly when it granted summary judgment to car sales and financing companies after they were sued by customers who argued a car they bought had “defects rendering it worthless.” The customers brought no viable claims against the car financer and the “as-is” language in their sales paperwork defeated their claims against the car seller, and the lower court was right to grant summary judgment. However, the lower court was wrong to approve sanctions against the customers’ attorney, as it had no evidence impugning his motives or credibility. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: March 22, 2024, Case #: 08-23-00127-CV, Categories: Trade, contract, attorney Discipline
Per curiam, the circuit finds the district court improperly ruled in favor of the realty investment entities. The individual investor prevailed in a breach of contract suit filed by the entities and was awarded more than $50 million in damages. He filed this suit alleging the entities transferred assets to avoid paying the judgment and the court ruled in favor of the entities. The entities' counsel used nearly every category of improper closing argument, including personal attacks and insults, as well as evoking local bias. The improper and prejudicial statements demonstrate the need for a new trial. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 21-10805, Categories: Enforcement Of Judgments, contract, attorney Discipline
J. Feuer finds that the trial court properly held that an attorney should have produced documents in response to a subpoena from the Hollywood Foreign Press Association. But it was error to disqualify the attorney from representing a former member who was suing the association because no evidence showed that the privileged information prejudiced the association, and the disqualification deprived the former member of his right to his choice of counsel. The proper discipline would be a sanction or to report the attorney to the state bar. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: February 27, 2024, Case #: B324842, Categories: Privilege, contract, attorney Discipline
Per curiam, the Louisiana high court suspends attorney Albert A. Bensabat III from the practice of law for three years. Bensabat was arrested on DUI and careless operation of a vehicle charges, and pled guilty to DUI. Further, Bensabat admitted that he did not reconcile his trust account on at least a quarterly basis.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00620, Categories: contract, attorney Discipline
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Per curiam, the Louisiana high court suspends attorney Janeane Gorcyca Abbott from the practice of law for thirty days. In this case, Abbott neglected her client’s legal matter, failed to communicate with her client, and failed to inform her client that she had a potential malpractice claim for which she should seek independent counsel. Abbott also misled her client and made false statements to the Office of Disciplinary Counsel during its investigation.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00852, Categories: contract, attorney Discipline
Per curiam, the Louisiana high court suspends attorney J. Antonio Florence from the practice of law for a period of one year and one day. Florence neglected a legal matter, failed to address fee disputes in four matters, made false statements and provided false evidence to the Office of Disciplinary Counsel during an investigation, and was found in contempt of court for challenging a judge's authority during a hearing.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: December 8, 2023, Case #: 2023-B-00592, Categories: contract, attorney Discipline
Per curiam, the Louisiana high court suspends attorney Tim Fields from the practice of law for three years. The record shows that Fields did not properly supervise his non-lawyer staff, resulting in the conversion of $4.2 million belonging to third parties. He intentionally continued to convert $1.8 million in third-party funds in order to pay older third-party debts, failed to maintain a trust account for several years, lied on his trust account disclosure statements that he did not handle client funds, allowed nonlawyers to sign trust account checks, charged clients for inappropriate office expenses, settled a client’s personal injury claim without the client’s knowledge or consent, and lied to the Office of Disciplinary Counsel during its investigation.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: November 17, 2023, Case #: 2023-B-00343, Categories: contract, attorney Discipline
J. Carney-Axon grants summary judgment as to all claims in favor of two manufacturing companies in a dispute arising after a fire that halted production of magnesium cross-car beams used by Mercedes-Benz. “Alabama law generally bars double recoveries, and, although a party is entitled to full compensation for his injuries, he can gain but one satisfaction.” Both companies have been compensated for the alleged damages but have not carried the burden of fully mitigated damages. The court denies Mercedes-Benz’s request for cost and attorney fees for failing to brief why they were entitled to these fees. The insurer’s motion for partial summary judgment is denied as moot for availability of a force majeure affirmative defense as to the two manufacturing companies. “An affirmative defense is relevant only if a party prevails on liability,” the court will enter judgment for all claims.
Court: USDC Northern District of Alabama , Judge: Carney-Axon, Filed On: October 25, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, contract, attorney Discipline
J. Arthur agrees with the lower court's decision to uphold an agreement between an attorney and the law firm she worked for, which ordered her to pay the firm fees she had withheld from it after she left the practice. The attorney argues that the agreement is unethical and therefore unenforceable because the practice took too large a percentage of the payment she received from the client. She withheld over $700,000 as a result. Because her client opted to continue working with her after she left the firm, she argues she is entitled to the client's payments. However, because the client started his legal relationship with the attorney when she was part of the firm, the agreement states that the firm is still owed a higher percentage of the client's payments, plus interest accrued.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: September 1, 2023, Case #: CAL-18-36527, Categories: contract, attorney Discipline
J. Yegan sanctions appellant for filing an indisputably frivolous appeal in a contract action that was dismissed in summary judgment. The trial court properly denied appellant leave to amend a cross-complaint since appellant did not timely request leave to amend, show that the trial court's summary judgment ruling was arbitrary or file an opposition to summary judgment that was supported by any evidence. Both appellant and his counsel must pay $10,000 to respondent for delays the appeal caused in foreclosing on a mechanic's lien and $5,000 to the appeals court.
Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: June 2, 2023, Case #: B319563, Categories: Sanctions, contract, attorney Discipline