Marland

Thelen Reid Brown Raysman & Steiner LLP v. Marland

Good Law
319 F. App'x 676
United States Court of Appeals for the Ninth CircuitMarch 19, 2009Nos. 07-16533, 08-15102California900 words

Opinion

Lead Opinion

MEMORANDUM **

Francois Marland appeals from two judgments of the district court. In the first (Thelen I), the district court granted partial summary judgment against Mar-land and denied Marland’s motion for summary judgment, finding that a 2002 agreement between Marland and his prior counsel, Thelen Reid Brown Raysman & Steiner LLP (“Thelen”), was valid and enforceable. In the second (Thelen II), the district court granted a permanent injunction against arbitration proceedings brought by Marland, reasoning that the 2002 attorney-client agreement had super-ceded the parties’ 1999 agreement that contained an arbitration clause. Marland appeals the district court’s judgment in Thelen I, arguing that the district court erred by (1) holding that Thelen had not violated California Rules of Professional Conduct (“Rule”) 3-300 and 3-400 in negotiating and entering into the 2002 agreement, (2) dismissing Marland’s affirmative defense of fraud, and (3) dismissing Mar-land’s counterclaims for Thelen’s conduct in 2005. Marland also appeals the injunction issued in Thelen II, arguing that the *678 district court erred in finding that the arbitration clause in the 1999 agreement does not…

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