United States Second Circuit

In an appeal from a judgment of the district court dismissing plaintiffs' complaint against its former counsel for failure to state a claim, judgment is reversed because the complaint, under Rule 12(b)(6), states a claim against both former counsel for breaching its fiduciary obligations and defendant-Nextel for aiding and abetting a such breach where the it alleges that the defendants, in an underlying employment discrimination dispute, entered into a settlement agreement involving unconsentable conflicts of interest.

Appellate Information

• Decided 09/26/2011
• Published 09/26/2011

Judges

• WINTER

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• KENNETH S. THYNE, MICHAEL MCCONNELL