Pa. Atty Can't Get $1.3M Fees From Ex-Partner On Brief Alone

Law360 (September 5, 2019, 8:02 PM EDT) -- A Pittsburgh attorney can't force his ex-partner to pay him $1.3 million in fees based solely on a brief entered in state court, a Pennsylvania federal judge ruled Wednesday, though the attorney can use the brief as evidence to seek what he says he is owed.

In a six-page order, Pennsylvania federal Judge Arthur J. Schwab said Rudy A. Fabian of Fabian Legal Services couldn't point to a filing in an underlying class action lawsuit — in which his former co-counsel outlined what Fabian was entitled to — and use the doctrine of judicial estoppel, or the idea that a party...

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