Estate of Denial news clips (10/16/17)

Ohio Supreme Court slams Stan Chesley, says he used intimidation, ‘fraud’ to avoid paying settlement

Cincinnati.com

October 5, 2017

The Ohio Supreme Court again stepped into the case involving tens of millions of dollars sought by Stan Chesley’s former clients, saying an attempt to shelter assets from them was “the product of fraud.”

In a 4-3 opinion released Thursday, the high court blocked a Hamilton County probate judge from considering a request to transfer the assets of Chesley’s former law firm to another person.

 

Former clients of disparred attorney get a win from Ohio Supreme Court

Dayton Daily News

October 5, 2017

Columbus

Former clients of disbarred attorney Stanley Chesley won a victory Thursday when the Ohio Supreme Court blocked a lower court from considering Chesley’s request to transfer assets from his former law firm.

The Ohio Supreme Court in a 4-3 ruling issued Thursday told Hamilton County Probate Court Judge Ralph Winkler to hold off, even though the lower court has the authority to act.

 

Judge denies second request for disqualification from Lansing lawyer (MI)

Lansing State Journal

October 5, 2017

LANSING — Ingham County’s chief probate judge has denied a second attempt by a Lansing lawyer to have him disqualified from her cases.

Preliminary reports on a case handled by the lawyer, who Judge Richard Garcia in August referred for investigation, were presented in court Wednesday and revealed details of her role as conservator for a Lansing woman with memory impairments.

 

Lawyer Who Cheated Chico Marx’s Heirs Can’t Contest State Disbarment in Federal Court

Metropolitan News-Enterprise

October 5, 2017

The Ninth U.S. Circuit Court of Appeals yesterday affirmed the dismissal of an action by a lawyer who was challenging his disbarment for having misappropriated $37,247.22 from the estate of the daughter of Chico Marx, one of the Marx Brothers.

A. Edward Ezor was disbarred Oct. 23, 2015. His defense that he innocently misallocated funds was disbelieved.

Yesterday’s action by the federal appeals court came in a memorandum opinion which says:

“The district court properly concluded that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine because Ezor’s action amounted to a forbidden ‘de facto appeal’ of a prior, final state court judgment.”

Second Case

The Ninth Circuit invoked the same doctrine yesterday in a separate case, affirming the dismissal of Ezor’s action against Riva Goetz who, as a judge of the Los Angeles Superior Court (from which she’s now retired) found that he had breached his duties as a trustee. He also sued the Court of Appeal justices who affirmed the decision—H. Walter Croskey (since deceased) and Patti Kitching and Richard Aldrich (both now retired).

The decisions each affirms a judgment by District Court Judge James V. Selna of the Central District of California, who in each instance adopted the report of Magistrate Judge Alicia G. Rosenberg.

Both memorandum says that Selna did not abuse his discretion in denying Ezor’s motion to recuse Rosenberg because he showed no adequate basis for it.

The case in which Ezor challenged his disbarment is Ezor v. Morgenstern, No. 16-56720, and the case in which he sued the jurists is Ezor v. Goetz, No. 16-55S01.

 

Sumner Redstone’s Ex-Companion Asks Court to Toss Elder Abuse Lawsuit

The Hollywood Reporter

October 5, 2017

Sumner Redstone’s ex-companion is asking the court to toss an elder abuse lawsuit against her because he won’t testify in support of his claims, according to a heavily redacted motion for summary judgment filed Thursday.

Redstone in October sued his former companions Sydney Holland and Manuela Herzer for elder abuse in an effort to reclaim $150 million in gifts that he now contends were the result of their undue influence on him.

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