In re Zohdy

892 So. 2d 1277, 2005 WL 106472
CourtSupreme Court of Louisiana
DecidedJanuary 19, 2005
DocketNo. 2004-B-2361
StatusPublished
Cited by9 cases

This text of 892 So. 2d 1277 (In re Zohdy) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Zohdy, 892 So. 2d 1277, 2005 WL 106472 (La. 2005).

Opinions

ATTORNEY DISCIPLINARY PROCEEDINGS.

LPER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Hany A. Zohdy, an attorney licensed to practice law in Louisiana.1

UNDERLYING FACTS

These proceedings stem from respondent’s conduct in two nationwide class action cases, the Price case (Counts 1(A) and (B)) and the Woodward case (Counts 1(C), (D), (E), and (F)).

Count 1(A)

In 1993, a group of plaintiffs filed suit against Ciba-Geigy Corporation in Louisiana state court. Hurley Henson, et al. v. Ciba-Geigy Corp., et al, No. 43,620 on the docket of the 18th Judicial District Court for the Parish of Iberville. The suit alleged that the plaintiffs were injured as a result of occupational exposure to chemicals at Ciba-Geigy’s plant in St. Gabriel, Louisiana, including Galecron, the Ltrade name for a commercial agricultural pesticide (chemical name chlordimeform) manufactured by Ciba-Geigy. The Louisiana court stayed Henson when respondent and his co-counsel filed an intervention in Russell Price, et al. v. Ciba-Geigy Corp., et al., a similar class action that was pending in the United States District Court for the Southern District of Alabama.

Respondent’s intervention on behalf of the Henson Group was partially responsible for certain enhancements to the terms of the settlement agreement in Price. In 1994, the federal court approved a $75 million settlement in Price that provided medical monitoring and other compensation to class members. The settlement agreement, to which respondent was a signatory, contained a stipulation requiring that the Henson action, including without limitation “any and all claims” against the defendants, be dismissed with prejudice as of the date of the approval of the settlement.2 In 1998, the Louisiana court con[1279]*1279ducted a hearing to determine why the Henson action should not be dismissed in light of the stipulation. During the hearing, respondent told the court that the Price settlement required dismissal of only some of the claims raised in Henson, specifically those concerning chlordimeform. This assertion was patently incorrect, as the settlement stipulation named the entire Henson action by docket number and said nothing about dismissing only certain claims. Nevertheless, relying upon the misrepresentation, the Louisiana court invited respondent to file an amended petition in Henson to raise claims involving other |3chemicals handled by Ciba-Geigy. Respondent filed the amended petition in September 1998.

In response to the amendment, the defendants in Price removed the Henson case to a federal court in Louisiana, which granted a transfer to the Southern District of Alabama. The defendants and class counsel then filed motions to enforce the settlement agreement and for sanctions against respondent. At the hearing on the motions, respondent argued that the settlement did not require the dismissal of all claims in Henson and pointed out that class counsel was the party responsible for obtaining the dismissal. The district court rejected these arguments, and on November 24, 1998, dismissed Henson as barred by the Price settlement. Moreover, the district court ordered respondent to pay $27,183.79 to the defendants for the legal fees incurred in enforcing the Price settlement:

It is clear to this Court that, under the terms of the Stipulation of Settlement in Price, et al. v. Ciba-Geigy, the plaintiffs in Henson, referred to as the “Henson Group,” were required to dismiss the state court action with prejudice as of the approval date of the Stipulation of Settlement. Rather than obey this Court’s clear and unambiguous order, the “Henson Group” and their counsel, Hany A. Zohdy, attempted to thwart this Court’s jurisdiction by filing an amended complaint in Henson in which they put forward claims which they say do not fall within the ambit of the Stipulation of Settlement.
However, the Stipulation of Settlement clearly states that any and all claims in the Related Case (Henson) shall be dismissed with prejudice. This Court can discern no subtlety in its Order and therefore, the Court finds that Hany A. Zohdy has acted in a manner calculated to offend this Court and in complete defiance of the Court’s order, [emphasis in original]

Respondent appealed the district court’s judgment. On August 14, 2001, the United States Court of Appeals for the Eleventh Circuit affirmed the order of sanctions against respondent, stating in pertinent part:

|4Zohdy argues [that] the settlement stipulation did not require dismissal of claims relating to Atrazine, and he therefore did not act contrary to the settlement. This contention is merit-less; the stipulation language quoted above explicitly requires dismissal of all claims in the Henson action, which the stipulation identifies by docket number. Finally, Zohdy asserts that he had no obligation to dismiss the Henson action [1280]*1280because the settlement stipulation puts that onus on “class counsel,” who do not include him. Perhaps that is so, but the district court sanctioned Zohdy, a signatory of the stipulation of settlement, for his efforts to undermine the settlement by preventing class counsel from discharging their duties to secure Henson’s dismissal. Whether or not Zohdy was specifically responsible for getting Henson dismissed, it was within the court’s power to effectuate its orders to punish Zohdy for interfering with the settlement’s implementation, [citations omitted; emphasis in original]

Henson v. Ciba-Geigy Corp., 261 F.3d 1065, 1068 (11th Cir.2001), cert. denied, 534 U.S. 1134, 122 S.Ct. 1079, 151 L.Ed.2d 979 (2002).

Count 1(B)

The class settlement in Price covered bladder cancer and certain carcinomas of the urinary collecting system, which was specifically defined as “primary urothelial carcinoma of the urinary collecting system, i.e., renal pelvis, ureter, bladder and urethra.” In June 1996, respondent signed and submitted to the settlement administrator a claims form in which he stated under penalty of perjury that Lionel Millet was diagnosed with bladder cancer and died incident to a primary carcinoma of the urinary collecting system. However, the decedent’s death certificate, autopsy report, and other medical records established that he died of stomach cancer, which was not a compensable medical condition.

| ^According to the autopsy report of James A. Freeman, M.D., the Iberville Parish coroner, Mr. Millet “was found to have a gastric adenocarcinoma which had spread throughout the abdomen and had metastased to liver, adrenals, kidneys, lungs, and hilar lymph nodes. Such a pattern of spread is a common biologic behavior of adenocarcinoma of the stomach.” Dr. Freeman died sometime in 1996, but respondent claimed that prior to his death, Dr. Freeman told another lawyer that Mr. Millet had bladder cancer and died as a result of exposure to ehlordimeform. This hearsay statement led respondent to file the claims form attesting that Mr. Millet had bladder cancer.

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Related

In Re: Deepwater Horizon
Fifth Circuit, 2017
In Re Miniclier
74 So. 3d 687 (Supreme Court of Louisiana, 2011)
In Re Zohdy
46 So. 3d 657 (Supreme Court of Louisiana, 2010)
In re Cook
932 So. 2d 669 (Supreme Court of Louisiana, 2006)
B.H. v. State
941 So. 2d 345 (Court of Criminal Appeals of Alabama, 2006)
In Re: Zohdy
166 F. App'x 156 (Fifth Circuit, 2006)

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Bluebook (online)
892 So. 2d 1277, 2005 WL 106472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-zohdy-la-2005.