United States Ninth Circuit

In defendants' appeal from the district court's dismissal of their counterclaim and the district court's award of quantum meruit compensation subsequent to a bench trial, judgment for plaintiffs is affirmed in part where: 1) defendants' counterclaims were based on privileged attorney-client communications; and 2) the agreement allegedly breached by plaintiffs did not require that any and all communications with the client regarding costs include both attorneys. However, the order is vacated in part where the district court clearly erred in failing to account for the value of the attorney referral at issue.

Appellate Information

• Argued 04/16/2009
• Decided 10/21/2009
• Published 10/21/2009

Judges

• D.W. NELSON, Senior Circuit Judge:, Before:  D.W. NELSON, MARSHA S. BERZON, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Mark A. Hutchison, Scott A. Flinders and Michael K. Wall (argued), Hutchison & Steffen, LLC, Las Vegas, NV, for the plaintiffs-counter-defendants-appellants-cross-appellees., Joice B. Bass, Lewis & Roca, LLP and Samuel S. Lionel (argued), Lionel Sawyer & Collins, Las Vegas, NV, for the defendants-counter-claimants-appellees-cross-appellants.