Legal Opinion

Ballow Brasted O'Brien & Rusin P.C. v. Gary Logan, Docket No. 04-4925-Cv

Court of Appeals for the Second Circuit

Decided January 20, 2006No. 235PublishedCited by 23 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

This appeal from the United States District Court for the Western District of New York concerns the enforceability of an attorney substitution agreement (Agreement). Defendant-appellant Gary Logan, Esq., seeks to rescind an agreement with Ballow Brasted O’Brien & Ru-sin, P.C. (BBOR), obligating Logan to pay BBOR 20% of the attorney’s fees Logan recovered from his representation of Mr. Eric Roll, who formerly had been BBOR’s client. Logan seeks rescission on the grounds that (1) BBOR fraudulently induced him to enter into the Agreement, and (2) the Agreement runs afoul…

2Cases cited19 opinions

  1. Grimes v. SandersSupreme Court of the United States · 1876
  2. Lai Ling Cheng v. Modansky Leasing Co.New York Court of Appeals · 1989
  3. Shappirio v. GoldbergSupreme Court of the United States · 1904
  4. Cohen v. Grainger, Tesoriero & BellNew York Court of Appeals · 1993
  5. Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924

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3Cited by23 opinions

  1. Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C.Court of Appeals for the Second Circuit · 2010
  2. Allapattah Services, Inc. v. Exxon Corp.District Court, S.D. Florida · 2006
  3. Robinson v. DayAppellate Division of the Supreme Court of the State of New York · 2013
  4. Continental Casualty Co. v. Marshall Granger & Co.District Court, S.D. New York · 2014
  5. K3C Inc. v. Bank of America, N.A.Court of Appeals for the Fifth Circuit · 2006

18 more not listed; retrieve them via the Exa API.

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