CBJ - June 2010 #07. Attorney Philip Kay suffers setback in federal appeals court.

California Bar Journal

2010.

CBJ - June 2010 #07.

Attorney Philip Kay suffers setback in federal appeals court

The California LawyerJune 2010Attorney Philip Kay suffers setback in federal appeals courtThe U.S. Ninth Circuit Court of Appeals has ruled that the federal courts do not have jurisdiction over a lawsuit against the State Bar by high-profile San Francisco attorney Phillip Kay, whose recommended suspension is before the Supreme Court.

Kay, 57, along with his clients Lindsay Marcisz, Blair Pollastrini and Jessica Pollastrini, filed suit in federal court seeking an injunction against the State Bar from prosecuting him for charges ranging from moral turpitude to misleading the court. Kay also filed a similar suit in superior court that is pending. The federal district court refused to hear the case, citing lack of jurisdiction, and the appeals court affirmed that decision, adding a few comments on the merits of the case.

Although Kay and his three clients "present a litany of purported examples of the State Bar's bias," the three-member judicial panel wrote in its May 14 decision, "the record shows that each of these claims is exaggerated, taken out of context or otherwise without merit. Plaintiffs have also failed to show that the prosecution was brought 'without a reasonable expectation of obtaining a valid conviction' . or to discourage the exercise of protected rights . To...

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