Split 9th Circuit Sends Row Over Lawyer’s Trust Claims Ban Back To Trial Court

Mealey's (September 15, 2017, 12:57 PM EDT) -- SAN FRANCISCO — A California federal court must decide on remand whether federal or state law controls — and whether a Ninth Circuit U.S. Court of Appeals decision impacts — two asbestos trusts’ attempt to enforce a settlement under which an attorney agreed to stop filing claims with the trusts due to his pattern of presenting unreliable evidence, a divided Ninth Circuit panel held Aug. 14 (Michael J. Mandelbrot, et al. v. J.T. Thorpe Settlement Trust and Thorpe Insulation Company Asbestos Settlement Trust, No. 15-56430, 9th Cir., 2017 U.S. App. LEXIS 17924)....