Table of Contents

ETHICS & ATTORNEY'S FEES CASES

• Healey v. Rovner
• Revis v. Meldrum
• Detabali v. St. Luke's Hosp.
• Pac. Fisheries Inc. v. US
• Intamin, Ltd. v. Magnetar Techs., Corp.
• Low v. Henry
• In re Basco
• In re Green
• On-Line Power v. Mazur
• Rossco v. Bank of Am.

U.S. 2nd Circuit Court of Appeals, April 17, 2007
Healey v. Rovner, No. 06-0525
In case involving class action suit filed on behalf of home-bound Medicare beneficiaries who rely on Medicare coverage for various in-home services provided by home health agencies, award of attorney fees under EAJA is affirmed as to the decision to award fees and to reduce the amount sought, however, the award is reversed to the extent the fees were awarded above the statutory cap. Read more...

U.S. 6th Circuit Court of Appeals, April 19, 2007
Revis v. Meldrum, No. 06-5197, 06-5399
In a 42 U.S.C. section 1983 action brought against persons and entities involved in executing certain writs of execution against plaintiff, it was alleged that a seizure of his residence and a search of his person pursuant to the writs violated his constitutional rights. Summary judgment and other rulings for defendants are affirmed in part, vacated in part, and remanded where: 1) although the underlying litigation and judgment did not provide constitutionally adequate process for plaintiff's eviction, defendant-deputy was nevertheless entitled to qualified immunity; 2) deputy was also entitled to qualified immunity on a Fourth Amendment claim; 3) a verbal exchange did not amount to a search for Fourth Amendment purposes; 4) there was no "deliberate indifference" as to a failure to properly train the deputy; 5) claims against private-party defendants failed as their actions could not be attributed to the state; and 6) an attorney's fees award required reconsideration in ligh! t ! of the circuit court's findings. Read more...

U.S. 9th Circuit Court of Appeals, April 16, 2007
Detabali v. St. Luke's Hosp., No. 05-15591
Dismissal of plaintiff's California Fair Employment and Housing Act (FEHA) claims against defendant-hospital and imposition of sanctions against plaintiff's attorney are reversed where: 1) the district court erred in finding that the FEHA employment discrimination and retaliation claims were preempted by the Labor Management Relations Act (LMRA), and consequently it lacked jurisdiction over the case; and 2) the district abused its discretion in imposing sanctions on attorney as his repleading of the FEHA claims, in contravention of the district court's instructions, preserved them for appeal and his decision clearly had merit. Read more...

U.S. 9th Circuit Court of Appeals, April 17, 2007
Pac. Fisheries Inc. v. US, No. 04-35897, 04-35899
In a dispute in which taxpayers sought attorneys' fees from the government for their pursuit of two federal court petitions to quash third-party summonses by the IRS, a ruling for the government is affirmed where, although the district court erred in placing the burden to prove lack of substantial justification on taxpayers, as a matter of law, the government met its burden of proving its position was substantially justified. The government's prelitigation conduct could not be factored into a determination of whether its position in the judicial proceeding "was substantially justified" under the applicable statute. Read more...

U.S. Federal Circuit Court of Appeals, April 18, 2007
Intamin, Ltd. v. Magnetar Techs., Corp., No. 05-1546, 05-1579
In a patent dispute involving a magnetic braking system for amusement park rides such as drop towers and roller coasters, summary judgment of non-infringement in favor of defendant is vacated and remanded where the district court erred in construing the term "intermediary" and a limitation regarding the conducting rail. Read more...

Supreme Court of Texas, April 20, 2007
Low v. Henry, No. 04-0452
In an appeal involving the imposition of sanctions under chapter 10 of the Texas Civil Practice and Remedies Code, a court of appeals' judgment finding that sanctions against an attorney were inappropriate is reversed and remanded where, although the attorney who filed the petition in the underlying case obtained and directed the review of evidence that disproved some of the allegations pled against some of the defendants, the trial court abused its discretion in not providing a sufficient basis to support imposition of a $50,000 penalty. Read more...

Supreme Court of Texas, April 20, 2007
In re Basco, No. 05-0771
In a case in which a doctor sought to disqualify his opponent's attorney because the attorney had to question the work product of his former law partner, a decision denying disqualification is reversed as disqualification was mandatory under the circumstances. Read more...

Supreme Court of Texas, April 20, 2007
In re Green, No. 06-0496
A court order to pay spousal support is unenforceable by contempt if the order merely restates a private debt rather than a legal duty imposed by Texas law. A petition for writ of habeas corpus is granted pursuant to a claim that petitioner could not be imprisoned for nonpayment of a contractual alimony obligation incorporated into his divorce decree. Read more...

California Appellate Districts, April 17, 2007
On-Line Power v. Mazur, No. B189251
Order denying attorney's fees after settlement of action for unpaid wages pursuant to a statutory offer of compromise is reversed where the trial court erred in ruling that the Labor Code provisions ensuring an employee's right to payment of wages did not apply to salaried corporate executives. Read more...

California Appellate Districts, April 19, 2007
Rossco v. Bank of Am., No. B189963
In case where trial judge had conversations with dispute resolution providers about possible employment, vacatur of order compelling arbitration and arbitration award itself is reversed as to the arbitration award as it was premature. Read more...