Stack to hear motions to dismiss suit over disputed attorneys' fees

Amelia Flood Aug. 18, 2009, 2:12am


Defendants in a dispute between a Godfrey attorney and his fellow comrades in class action suits are asking that the case be dismissed in two separate motions.

Attorney Paul Weiss of Chicago is asking Madison County Circuit Judge Daniel Stack to dismiss a breach of contract suit brought by his former colleague, Timothy Campbell of Godfrey, on the grounds that he is being sued individually even though Campbell's allegations are all tied to his work as an agent of his law firm.

Stack is scheduled to hear the two motions to dismiss at an Aug. 16 hearing at 9 a.m.

Weiss and his firm, Freed and Weiss, co-defendant in the suit, are also asking Stack to dismiss the case on the grounds that the law firm's termination from the class action suit of Dr. Gerald Bemis v. Allied Property & Casualty Insurance, negates Campbell's claims.

Campbell is suing Weiss and his firm for what he claims were his share of attorneys fees from several Madison County class action suits, namely those of Bemis and Winnie Madison.

Campbell is seeking damages in excess of $50,000 and costs.

Campbell contends e-mails between the parties show that he was to be paid out of settlements won for Bemis and Madison.

In their joint motion to dismiss, Freed and Weiss and Weiss argue that Campbell fails to demonstrate what, if any, contract existed regarding the fees, which suits the fees relate to, and what he did to earn them among other charges.

Campbell is represented by John Hoefert Jr. of Godfrey. The defendants are represented by Richard Burke of St. Louis.

The case is Madison case number 08-L-364.

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