U.S. Courts Of Appeal
ATTORNEYS, INEFFECTIVE ASSISTANCE - A man who claimed that he was permanently injured while operating a handbrake on the Soo Line Railroad had his lawsuit dismissed as a sanction for misconduct by his lawyer, George Brugess. The lower court also ordered Brugess to pay more than $110,000 to reimburse Soo Line's fees and costs. The Seventh Circuit remanded for a recalculation of Soo Line's costs and found that Wade's attorneys, Steven P. Garmisa, George T. Brugess, Richard A. Haydu, Frank E. Van Bree and Robert A. Montgomery must show cause as to why they should not be disciplined for conduct unbecoming members of the bar.
ATTORNEY FEES - Professional Medical Group challenged denial of attorney fees. J. Ramirez ruled that fees should have been awarded because the insured ultimately recovered under the policy. The 11th Circuit erroneously failed to award attorney fees to Professional Medical Group based on a determination that "other issues still outstanding preclude the award of the attorney fees." Reversed.
ATTORNEY FEES, FAMILY LAW - A wife challenged the modification of primary custody of her two children and the denial of her motion for attorney fees. J. Thomas ruled that the custody modification was proper, but the wife should have been awarded fees because there is a great disparity in net worth between the ex-wife and the ex-husband. "Simply taking the amount charged by a husband's attorney and determining the amount is a reasonable fee to be charged by the wife's attorney is improper," Thomas wrote. Reversed.
ATTORNEY FEES - J. Bates found that Interlex Insurance did not have to cover plaintiff's attorney fees from a bar complaint that was filed against him because his legal fees did not count as damages that his insurance policy must reimburse. Affirmed.
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