Simmons, Jannace & Stagg
The September 11th Victims Compensation Fund is a no-fault system designed to maximize compensation to the families of victims of 9-11. Simmons, Jannace & Stagg were asked by the widow of a man who died in the attacks to represent her in connection with a lawsuit filed by the attorney who represented her before the Victims Compensation Fund.
The attorney filed suit in federal court seeking a declaratory judgment entitling him to a $2,000,000 contingency fee he was claiming. simmons jannace & stagg moved to dismiss the federal action. In addition to other points made, they argued that there was no reported case that upheld jurisdiction under the Fund where the issue concerned the amount of a legal fee in dispute between an attorney and his former client and that the federal court should abstain because the state Surrogate’s Court had already begun an inquiry into the size of the attorney’s fee.
After hearing argument, the federal court issued an order that the Victims Compensation Fund did not provide federal court jurisdiction and that it should abstain from exercising its jurisdiction.
The attorney filed suit in federal court seeking a declaratory judgment entitling him to a $2,000,000 contingency fee he was claiming. simmons jannace & stagg moved to dismiss the federal action. In addition to other points made, they argued that there was no reported case that upheld jurisdiction under the Fund where the issue concerned the amount of a legal fee in dispute between an attorney and his former client and that the federal court should abstain because the state Surrogate’s Court had already begun an inquiry into the size of the attorney’s fee.
After hearing argument, the federal court issued an order that the Victims Compensation Fund did not provide federal court jurisdiction and that it should abstain from exercising its jurisdiction.
posted by Sandra at 5:25 AM
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