DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053833P.pdf 08/10/2006 Gas Aggregation Serv v. Thomas A. Foster
U.S. Court of Appeals Case No: 05-3833
and No: 06-1596
District of Minnesota
[PUBLISHED] [Bye, Author, with Lay and Riley, Circuit Judges]
Civil Case - attorney lien. District court's order affording full faith and
credit to state court judgment imposing attorney's lien on recovery is
affirmed, as res judicata applies to preclude GSI from relitigating issue.
Attorney's lien was properly based on the amount of the judgment, not the
settlement, because of evidence of attempts to defraud attorney of his fee.
Award of attorneys fee to attorney to perfect the attorney's lien was not an
abuse of discretion, as there was evidence to support the district court's
finding of bad faith. District court was not divested of jurisdiction
to rule on enforcement of attorney's lien because judgment had not been
entered. District court did not err in holding federal proceedings in
abeyance pending outcome of state malpractice action.