Thursday, February 7, 2008
Thanks to Dennis Nolan (South Carolina) for pointing out to me this interesting article in the BNA's Daily Labor Report (subscription required) about a recent case decided the District of Minnesota involving ethical issues surrounding a law firm's handling of a race discrimination case from the plaintiff's side:
Unethical conduct by law firm that represented employees in race discrimination case bars them from recovering any attorneys' fees or expenses for services rendered prior to district court's disqualification of firm, and thus firm's motion for fees and expenses exceeding $1 million is denied, where firm's conduct, which included interactions with former high-level human resources employee, and mishandling of employer's privileged and confidential information, constituted egregious ethical lapse and damaged integrity of judicial process, and firm has not demonstrated nexus between work it performed and ultimate resolution of employees' claims.
The case is Arnold v. Cargill, Inc., 01-2086 (D. Minn. Dec. 4, 2007) (Westlaw subscription required).
Like Dennis, I found this case to be somewhat unusual. Are others aware of similar behavior by either defense or plaintiff's attorneys leading to such a result?