Saturday, September 16, 2006

Simmons, Jannace & Stagg

simmons jannace & stagg ....quite possibly, awesome. If you don't know much about these guys, I feel bad for ya.

After 9/11, the September 11th Victims Compensation Fund was created for those who lost loved ones in the attack. This reserved Fund is a system with no faults and it was designed to maximize the compensation to the victim's families. There were contingent fees by attorneys that represented the families that were not favored.. Because of this, Simmons, Jannace & Stagg was asked by a widow of a man who died in the attacks to represent her in connection with a lawsuit filed in federal court by the attorney who represented her before the Victims Compensation Fund. This attorney sought $2,000,000 and he filed suit in federal court seeking a declaratory judgment that entitles him to his fee.

S, J & S moved to dismiss the federal action. They also argued that there was no reported case that upheld the jurisdiction under the Fund. Where the issue concerned a private dispute between an attorney and his former client concerning the amount of a legal fee. Simmons, Jannace & Stagg showed that there was no reported case upholdings, like an exorbitant fee for representation before the Victims Compensation Fund. Finally, it was argued that the federal court should not, not, because the state Surrogate’s Court had already begun an inquiry into the size of the attorney’s fee.

After hearing argument, they issued an order. Then they agreed that the Victims Compensation Fund didn't provide federal court jurisdiction. What? The court also agreed with the argument that it should not excercise its jurisdiction. The court kept the attorney’s action. He retained jurisdiction for the purpose of any of the renewed applications after the conclusion of the case.

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