David Bradlow v. the Castano Group

MEMORANDUM

The bankruptcy estate of Melvin Mour-on Belli (the “Estate”) appeals the district court’s affirmance of a partial summary judgment order entered by the bankruptcy court in favor of the Castaño Group. Exercising jurisdiction under 28 U.S.C. § 158 (d), we affirm.

I

Belli was a prominent California attorney who practiced law under the name “the Law Offices of Melvin M. Belli.” In 1994, Belli joined with other attorneys to form an unincorporated consortium known as the Castaño Group. The purpose of the group was to fund and coordinate multiple lawsuits against tobacco companies. Although the Castaño Group initially lacked a written partnership agreement, Belli and other founders made capital contributions to the group.

The Castaño Group’s first major initiative involved filing a federal class action suit on behalf of all smokers and nicotine-dependent individuals in the United States, as well as survivors of individuals who had suffered tobacco-related deaths. Although the group obtained class certification in the district court, Castano v. Am. Tobacco Co., 160 F.R.D. 544, 559-60 (E.D.La.1995), the Fifth Circuit later decertified the class, Castano v. Am. Tobacco Co.,…