2nd Circ. Revives Contract Suit Against Fee-Transferring Attys

Bizar Male
Law360 (July 30, 2021, 4:58 PM EDT) — A convicted arms trafficker may pursue breach of contract claims against attorneys who pocketed a retainer fee he says should have been refunded when one of the attorneys left the case, the Second Circuit ruled on Friday.

In its published opinion, a panel for the federal appeals court unanimously held that Felipe Moreno-Godoy plausibly claimed that his Gallet Dryer & Berkey-led team of attorneys breached their obligations to him, vacating a lower court’s decision that the inmate failed to demonstrate financial injuries.

“The district court did not find enough admissible evidence in the record for the question of Moreno-Godoy’s ownership of…

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