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680 F.2d 768·
D.C. Cir.·
1982-05-18
·cited 52×
A federal court abuses its discretion by retaining pendent jurisdiction over novel and unsettled questions of local law after the federal claims have been dismissed, even if judicial economy would otherwise favor retention.
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118 So. 3d 980·
Fla. 3d DCA·
2013-08-14
·cited 14×
The trustee of family trusts grossly undervalued the primary trust asset (a golf course property) for federal estate tax purposes, then unilaterally paid himself over $1.2 million in trustee's fees without beneficiary consent or court approval. The trial court removed the trustee
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936 F.2d 814·
5th Cir.·
1991-07-29
·cited 6×
The court held that the bankruptcy court properly dismissed the Chapter 11 case for lack of good faith and properly ordered disgorgement of attorneys' fees due to an actual conflict of interest.
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887 F.2d 77·
5th Cir.·
1989-10-27
·cited 6×
The bankruptcy court lacked authority to order disgorgement of funds paid to a law firm for services rendered, where the funds were derived from non-estate assets.
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655 F.2d 463·
2d Cir.·
1981-07-02
·cited 6×
The court held that while the Arutt firm's fee-splitting was reprehensible and required disgorgement of fees, the Israel firm, despite its ethical breach, should not be deprived of all compensation due to its substantial services and the proportionality of the penalty.
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13 So. 3d 149·
Fla. 4th DCA·
2009-06-10
·cited 5×
A personal representative can be held personally liable for estate attorney fees incurred in frivolous litigation, but not for fees from initial, potentially justified, litigation without a finding of bad faith or wrongdoing.
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917 So. 2d 222·
Fla. 4th DCA·
2005-11-16
·cited 4×
The court affirmed the probate court's order requiring disgorgement of extraordinary attorney's fees and expenses due to conflicts of interest and administrative failures, but reversed the portion compelling the law firm to perform future services without compensation for lack of
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313 So. 3d 200·
Fla. 2d DCA·
2021-03-10
·cited 2×
The appellate court reversed a trial court's order requiring a former wife to return $9,000 in temporary appellate attorney fees. The court found no legal basis for the disgorgement, as the initial award was properly made by the trial court under statute and rule, and a subsequen
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376 B.R. 322·
M.D. Fla.·
2007-09-24
·cited 2×
The court held that the bankruptcy court did not abuse its discretion by denying an evidentiary hearing, as the appellants failed to demonstrate disputed material facts and the bankruptcy court provided sufficient notice and opportunity to be heard. However, the case is remanded
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M.D. Fla.·
2024-09-05
The court affirmed the bankruptcy court's orders approving attorney fees and denying disgorgement, finding no error in the application of bankruptcy code sections or administrative orders.
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Fla. 4th DCA·
2023-09-06
This case involves a dispute over attorney's fees after a client discharged their original counsel and hired new counsel who settled the case. The appellate court affirmed the trial court's award of fees to the former counsel but reversed the order requiring successor counsel to
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Fla. 4th DCA·
2023-09-06
This case concerns a dispute over attorney's fees following a settlement in a lawsuit. The appellate court affirmed the trial court's decision regarding the former counsel's charging lien but reversed the order requiring successor counsel to disgorge fees, finding it violated due
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Fla. 4th DCA·
2023-09-06
This case involves a dispute over attorney's fees after a client discharged their original counsel and hired new counsel. The appellate court affirmed the trial court's decision regarding the former counsel's charging lien but reversed the order requiring successor counsel to dis
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Fla. 4th DCA·
2023-09-06
This case involves a dispute over attorney's fees after a client discharged their original counsel and hired new counsel who settled the case. The appellate court affirmed the trial court's decision regarding the former counsel's charging lien but reversed the order for successor
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Fla. 4th DCA·
2023-08-30
A trial court cannot enter a judgment ordering disgorgement of fees against an attorney who was not a party to the proceeding and did not receive notice and opportunity to be heard, and successor counsel is entitled to its full contingent fee under its agreement regardless of the
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Del. Super. Ct.·
2021-06-03
The Delaware Superior Court granted in part and denied in part Plaintiff's motion to dismiss Defendants' counterclaims. The court denied the motion to dismiss the breach of contract counterclaim, finding that the allegations, including the claim for disgorgement of fees paid for
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189 So. 3d 819·
Fla. 4th DCA·
2015-05-06
In this probate appeal, the Fourth District Court of Appeal affirmed most of the circuit court's orders disposing of an estate, but reversed the portion ordering the personal representative's counsel to disgorge allegedly excessive fees. The court held that formal notice under th
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79 So. 3d 180·
Fla. 3d DCA·
2012-02-08
Attorney Jerrold Wingate appeals the trial court's denial of his motion for disbursement of costs incurred representing seventy-seven plaintiffs in cruise line cases after he was disqualified for bribery and found in criminal contempt for secretly receiving fees and costs through
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30 So. 3d 561·
Fla. 4th DCA·
2010-02-17
William West, a North Carolina-licensed attorney, provided legal services to Carla Morrison in a Florida probate and trust matter without being licensed to practice in Florida or obtaining pro hac vice admission. The court held that despite West's successful negotiation of a $1 m
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Del.·
2007-08-15
The Court held the respondent in contempt for violating a prior cease and desist order prohibiting the unauthorized practice of law. The respondent was ordered to disgorge all fees earned after the order was entered and pay a significant fine for each of the nine counts of contem