Legal Opinion

Marvin Schick v. David Berg and Moriarty Leyendecker, Docket No. 04-2675-Cv

Court of Appeals for the Second Circuit

Decided November 17, 2005No. 112PublishedCited by 8 opinions

1Opinion of the Court

WINTER, Circuit Judge.

Marvin Schick appeals from Judge Sand’s grant of summary judgment to ap-pellees David Berg, an individual, and Moriarty Leyendecker, a law firm. Berg and Moriarty Leyendecker were counsel for a group of investors that brought suit against the Marriott Corporation. Pursuant to a negotiated settlement, that suit was converted into a class action, and Schick became an unnamed member of the class. Schick claims that Berg and Moriarty Leyendecker breached their fiduciary duty to him by counseling a third party to bring suit against him. However, Schick was never represented…

2Cases cited4 opinions

  1. Johnson v. Brewer & Pritchard, P.C.Texas Supreme Court · 2002
  2. Burrow v. ArceTexas Supreme Court · 1999
  3. Allianz Insurance Company v. Regina LernerCourt of Appeals for the Second Circuit · 2005
  4. Gillespie v. Scherr, Texas Court of Appeals, 14th District (Houston)1999

3Cited by8 opinions

  1. Natural Resources Defense Council, Inc. v. United States Food & Drug AdministrationCourt of Appeals for the Second Circuit · 2013
  2. Alwert v. Cox Communications, Inc.Court of Appeals for the Tenth Circuit · 2016
  3. Kullar v. Foot Locker Retail, Inc.California Court of Appeal · 2011
  4. In re Wells Fargo Wage & Hour Employment Practices Litigation (No. III)District Court, S.D. Texas · 2014
  5. Yoonessi v. New York State Board for Professional Medical ConductCourt of Appeals for the Second Circuit · 2006

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