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Rodriguez v. Disner

United States Court of Appeals for the Ninth Circuit

688 F.3d 645 (2012)

Relevant factsFree

The law firm McGuire Woods took over a class action against West Publishing after acquiring another firm, and the case settled with the district court awarding McGuire Woods attorney fees. Certain class members appealed, arguing an incentive agreement for named class members created a conflict of interest by capping their guaranteed payouts once the settlement reached $10 million, discouraging them from pushing for a better deal for the rest of the class. The appellate court agreed a conflict existed and remanded for a new fee order; on remand, the district court awarded McGuire Woods no fees at all, and the firm appealed.

IssueFree

Whether a trial court has discretion to deny an award of attorney's fees when an attorney violates the rules of professional conduct during the course of representation.

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