Netsphere, Inc. v. Baron

Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
13 years 2 months ago

Citation:

Appeal No. 10-11202

Tag(s):

Ruling:

The District Court's appointment of a receiver to control a vexatious litigant was reversed and the case remanded.

Procedural context:

Consolidated interlocutory appeals were taken to the Fifth Circuit from a District Court's order appointing a receiver over a vexatious litigant's personal propoerty and entities he controlled.

Facts:

In a complex, lengthy set of facts, the Appellant had made a practice of hiring, not paying and then firing numerous lawyers over a lengthy span of several years of litigation,mediation, settlements, breaches of settlements and a bankruptcy filing. The recored reflected some 45 lawyers had been engaged-but not paid-by the Appellant. The Bankruptcy Court (which had appointed a Chapter 11 trustee over a debtor controlled by the Appellant) recommended to the District Court that a receiver be appointed over the Apllellant because the Appellant's habit of hiring and firing lawyers was in bad faith and designed to delay the proceedings, was exposing the debtor to multiple claims for fees and to stop the Appellant from transferring assets outside the united States.

Judge(s):

DeMoss, Southwick and Higginson

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