- 15 - principles enunciated in Cooter & Gell v. Hartmarx Corp., [496 U.S. 384 (1990),] preclude us from awarding appellate fees and expenses under the bad faith exception to the American rule”. Having determined to proceed under section 7430, and with a nod to Izen’s previous objection, we ordered petitioners to submit net worth affidavits for all real parties in interest with respect to their appellate fee requests; namely, “those individuals who have made payments to Porter & Hedges or Michael Minns, P.L.C.--through contributions to the Atlas Legal Defense Fund or otherwise--or are liable to Porter & Hedges or Michael Minns, P.L.C. for the unpaid portion of the requested fees and expenses”. See Rule 231(b)(4); see also infra Part I.A. Meanwhile, in an order dated September 8, 2005, which we incorporate by reference and reproduce as Appendix B, we similarly rejected the Youngs’ reliance on section 6673 and ordered them to submit net worth affidavits for all real parties in interest.12 On November 7, 2005, the PH petitioners filed a motion for reconsideration of our September 1 order, as well as a separate 12 That order also pertains to a motion for appellate fees and expenses filed in this Court in July 2005 by the participating nontest case petitioners represented by Jones. We subsequently informed the parties that we would handle that motion and the Youngs’ appellate fee motion (filed by Izen) separately from petitioners’ appellate fee requests. To complete the story regarding appellate fee requests, the Court understands that Sticht and respondent are working on a comprehensive stipulation and submission regarding requests for fees by participating nontest case petitioners represented by Sticht.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011