A federal district judge appointed a guardian ad litem to represent the interests of a Maryland architect who has battled her own lawyer for seven years in a copyright suit against a rival architectural firm and the United Arab Emirates.
Elena Sturdza's suit, filed in 1998 in the U.S. District Court for the District of Columbia, has stalled since 2002 when her lawyer, Nathan Lewin, called into question his client's competency to make rational decisions regarding her case. Lewin moved then for an appointment of a guardian, and U.S. District Judge Henry Kennedy Jr. granted the request.
But the U.S. Court of Appeals for the D.C. Circuit this year reversed Kennedy saying Sturdza had not been given ample notice about the proceedings. The appeals court said Sturdza should be given a shot to be heard on Lewin's motion. That hearing was held earlier this month, at which time there was little doubt that Kennedy would re-appoint a guardian for Sturdza.
Kennedy wrote in an order: "Having provided Sturdza notice and an opportunity to be heard, this court again concludes that the motion for appointment of a guardian ad litem should be granted." Kennedy earlier this month also ordered Sturdza to undergo a psychiatric evaluation.
Full Article and Source:
Judge Appoints Guardian for Plaintiff Who Has Been in Dispute With Lawyer for 7 Years
More information:
Court of Appeals - Reversed Decision
District Court - Order
Elena Sturdza's suit, filed in 1998 in the U.S. District Court for the District of Columbia, has stalled since 2002 when her lawyer, Nathan Lewin, called into question his client's competency to make rational decisions regarding her case. Lewin moved then for an appointment of a guardian, and U.S. District Judge Henry Kennedy Jr. granted the request.
But the U.S. Court of Appeals for the D.C. Circuit this year reversed Kennedy saying Sturdza had not been given ample notice about the proceedings. The appeals court said Sturdza should be given a shot to be heard on Lewin's motion. That hearing was held earlier this month, at which time there was little doubt that Kennedy would re-appoint a guardian for Sturdza.
Kennedy wrote in an order: "Having provided Sturdza notice and an opportunity to be heard, this court again concludes that the motion for appointment of a guardian ad litem should be granted." Kennedy earlier this month also ordered Sturdza to undergo a psychiatric evaluation.
Full Article and Source:
Judge Appoints Guardian for Plaintiff Who Has Been in Dispute With Lawyer for 7 Years
More information:
Court of Appeals - Reversed Decision
District Court - Order
Sad, sad day for what's left of the justice system.
ReplyDeleteIt seems to me that there are more and more unwaranted guardiansips and all by the snap of a finger, or should I say RUBBER STAMP.
ReplyDeleteWell said, Kim.
ReplyDeleteThe suit they are talking about in this story started in 1998 --- 11 years later, the lawyers have turned the tables detrimentally to the client, Elena Sturdza.
The court of appeals was just a waste of money in this case. They found a way to win -- they always do.
Lawyers do almost always win. You're so right Anonymous 2.
ReplyDelete