Attorney Disbarred for Failing to Pay Sanctions
 Sues Judge Who Sanctioned Him

Mark Hamblett
New York Law Journal
New York Lawyer
January 8, 2009

An attorney disbarred for failing to pay sanctions and fees in a lawsuit to recover damages for Holocaust survivors from Austrian and German banks has sued a federal judge claiming bias and favoritism in the appointment of special masters and committee members.

Edward D. Fagan was disbarred in December for failing to pay the Bank of Austria $350,000 in fees ordered by Southern District Judge Shirley Wohl Kram as well as more than $20,000 in sanctions ordered by Judge Kram and three other judges in Holocaust survivor cases. Mr. Fagan, who is seeking a reversal of his disbarment order, wants a court to force Judge Kram to release documents he claims she has in chambers, but were never filed with the clerk.

He also sued the judge for damages, claiming improper judicial conduct - favoritism to "certain counsel and non-parties," including family members. He names several other defendants, including former U.S. Senator Alfonse D'Amato, who was court-appointed special master in the bank litigation, and Stroock & Stroock & Lavan partner Charles Moerdler, defense counsel in the same litigation.

Mr. Fagan is representing himself in Fagan v. U.S. District Court for the Southern District of New York, 09 CV 00042, which has been assigned to Judge Victor Marrero. Judge Kram, who would most likely be represented by the Southern District U.S. Attorney's Office, declined to comment. Mr. Moerdler said, "This is bizarre and has absolutely no merit."

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