3rd Cir. Reinstates Suit Alleging Plaintiffs' Lawyers Breached Fiduciary Duty

PHILADELPHIA - In finding that a trial court erred in its choice of law ruling, the 3rd U.S. Circuit Court of Appeals has reinstated a putative class action brought by asbestos plaintiffs from northern states against their southern state attorneys seeking disgorgement of legal fees for alleged breach of fiduciary duty. Huber, et al. v. Taylor, et al., No. 05-1757 (3rd Cir.).

Writing for the majority in an Oct. 31 opinion, Senior Judge Jane R. Roth said that the U.S. District Court for the Western District of Pennsylvania's error in its choice of law analysis led it to wrongfully require …