Recent Development by Kyle J. Wilson
After a series of misrepresentations and delays stemming from two class action lawsuits, the Louisiana Supreme Court suspended attorney Hany A. Zohdy from practicing law within the state for a period of two years from the decision date of January 19, 2005. The suspension arose out of five charges of misconduct filed by the Louisiana Office of Disciplinary Counsel (ODC) regarding Zohdy's legal tactics in Price v. Ciba-Geigy Corp. and Woodward v. NOR-AM Chemical Co. Both cases were nationwide class action suits filed in federal court. Each involved a class of plaintiffs who sought remedies for injuries resulting from exposure to chlordimeform, a commercial agricultural pesticide. Price, a federal suit in which Zohdy successfully intervened on behalf of his clients (the Henson Group) was settled for $75 million and continuous medical monitoring for the plaintiff class. Included in the settlement, to which Zohdy was a signatory, was a stipulation that he and his cocounsel would dismiss with prejudice “‘any and all claims”’ against the Ciba-Geigy Corporation based on injuries to the Henson Group. However, at a later hearing in a Louisiana state court, Zohdy stated that the stipulation required dismissal of only some claims raised in Henson, thereby misleading the court into inviting him to amend his petition and continue litigating his case. Further, the Price settlement applied only to those plaintiffs who suffered bladder cancer or other specified afflictions of the urinary system. Despite abundant medical evidence to the contrary, Zohdy attested under penalty of perjury that Lionel Millet, one of his clients and a member of the plaintiff class, died as a result of bladder cancer. Upon examination, the evidence established that Millet died of stomach cancer; under the terms of the settlement, this was not a compensable injury.
Zohdy was also charged with four counts of misconduct originating from his actions in Woodward. Like Price, Woodward was a lawsuit filed in federal court alleging injuries resulting from occupational exposure to chlordimeform. However, the plaintiffs represented by Zohdy in Woodward (the Millet Group) did not have occupational contact with chlordimeform, but were family members of those who did. Zohdy attempted to appeal a district court's denial of intervention in forma pauperis. Although his appeal was dismissed and his intervention unsuccessful, Zohdy still sought attorneys' fees for his representation of the Millet Group, effectively delaying recompense to legitimate class members entitled to judgment. Consequently, the attorney representing the primary class of plaintiffs in Woodward filed a motion for sanctions against Zohdy, in which counsel for other parties in the suit joined. Preparing for a hearing on the federal sanctions, an attorney for the Woodward plaintiffs subpoenaed the primary member of the Millet Group, Robin Millet. Prior to the deposition, Zohdy attempted to quash the subpoena; failing that, he attended the deposition, but did not bring the requisite documents and misrepresented a judge's order so that he could terminate the questioning early. All of his conduct, characterized by trial judges as “‘blatant,”’ “‘frivolous,”’ and even “‘outrageous,”’ led to charges by the ODC that Zohdy violated several of the Louisiana Rules of Professional Conduct (Louisiana Rules). After hearing the supporting evidence, the disciplinary hearing committee found Zohdy in violation of the Louisiana Rules and recommended that he be suspended from the practice of law for one year or until he completed a set of continuing education requirements, whichever was longer. The disciplinary board adopted these findings, added their own, and found that a three-year suspension was warranted. Both Zohdy and the ODC filed objections to this decision, and the matter was slated for oral argument before the state's high court. The Louisiana Supreme Court held that Zohdy's conduct was in violation of the Louisiana Rules and warranted a three-year suspension from the practice of law, with one year to be deferred in light of mitigating circumstances. In re Zohdy, 04-2361 (La. 1/19/05); 892 So. 2d 1277.
About the Author
Kyle J. Wilson. J.D. candidate 2007, Tulane University School of Law; B.A. 2004, Tulane University.
Citation
80 Tul. L. Rev. 2031 (2006)