United States Second Circuit

In case where plaintiff law firm sought to declare invalid defendant's demand for the return of legal fees awarded to pay for law firm's representation of disability benefits claimant, dismissal of declaratory judgment action for lack of subject matter is vacated where subject matter jurisdiction is proper and defendant lacked the authority to demand back the payment made to plaintiff.

Appellate Information

• Decided 03/27/2007
• Published 03/27/2007

Judges

• MINER, Circuit Judge:, Before: MINER, McLAUGHLIN, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jeffrey Herzberg, Zinker & Herzberg, LLP, Smithtown, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Vincent Lipari, Assistant United States Attorney for the Eastern District of New York (for Roslynn R. Mauskopf, United States Attorney, Eastern District of New York;  Kathleen A. Mahoney& Varuni Nelson, Assistant United States Attorneys, on the brief), Central Islip, NY, for Defendant-Appellee.