Recently, the United States Court of Appeals for the Ninth Circuit dismissed a suit filed by attorney Philip Kay against the State Bar of California.
The suit (Case No. 09-01135-PJH ), originally filed in federal court on March 16, 2009 was assigned to Judge Phyllis Hamilton. Two months later, on May 21, 2009, the suit was swiftly dismissed.
Kay sought appellate review (Case No. 09-16300), and within a year the parties and the court managed to bring the case to a swift conclusion, again. On May 18, 2010, the Ninth Circuit issued a ruling upholding the lower court’s decision.
Compare the swift actions above, to the slow and never-ending Ninth Circuit proceedings concerning the grave misconduct of Thomas Girardi and Walter Lack in the matter known as In Re Girardi.
Eight months ago, as part of those unhurried proceedings, Thomas Girardi, Walter Lack, and Paul Traina appeared for oral argument and were given an opportunity to address the court.
As previously noted here, the meandering pace at which In Re Girardi has been proceeding is very troubling.
Also troubling is the fact that Phil Kay – who by all accounts is one of the best litigators in the nation – was not afforded the opportunity to present oral argument on his own behalf.
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