Celebrity Justice
Fed Judge to Brit -- You're Outta Here!

A federal judge has ruled the Feds have no business in Britney's conservatorship case and it has been sent back to state court.
Read the docs
Federal District Judge Philip Gutierrez ruled Jon Eardley, the attorney who claimed to rep Brit, "had no authority to remove the case from state court."

The judge added, "Mr. Eardley is not Ms. Spears attorney and acted improperly by removing her conservatorship proceeding to federal court."

The court did not award the conservatorship attorneys fees, which means it will cost Brit around $40,000 for what turned out to be a bogus case.

Reader Comments

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91. imitation is the highest form of flattery. thank you for chosing me Kelli.

Posted at 10:15PM on Feb 26th 2008 by britaculous

92. EVEN IF BRIT HAS TO PAY .........SHE CAN WRITE IT OFF ON HER TAXES.................

Posted at 10:19PM on Feb 26th 2008 by Constitutional Law Attorney FED ID#2246778907-F7312

93. I never chose ya deliciouz, continue. I am thinking of Criminal Justice.

Posted at 10:19PM on Feb 26th 2008 by Kelli

94. lawdawg. for some reason i cant send the answer. dont know why. will try later

Posted at 10:20PM on Feb 26th 2008 by britaculous

95. Lawdawg. An "insider" told Life and Style at the time Kaplan sent the letter to Sands that K-Team were worried about what the depo could reveal and wanted to see copies of anyting Sands intended to take to the depo in case it gave him grounds for appropriate objection or a protection order. The source said he wanted everyting from emails to notes and didn't want anythign said privately about Britney as " a lot of people are starting to see what's goign on and it's not as pretty as it seems." They said that while Brit is mentally ill Kaplan and Kevin have been making her look bad etc etc

X17 also reported that it was Kaplan that sacked Sands - nto as Sands maintained (i.e. leaving due to the brit-bashing getting too much). Apparently due to personal appearance (sweatsuits at dep's and such), unauthorised press conferences, and the T&T subpoena is also apparently part of it......

Maybe it IS all abotu the Britster and Sands was just using the page six interview to try and make his current client look good.?!!

Posted at 10:29PM on Feb 26th 2008 by britaculous

96. The only reason they wanted this in federal court is because they (Lufti) claimed her civil rights were being violated because she couldn't make her own decisions or spend her own money. But, Daddy is in control of Brit because she was deemed unable to take care of her own affairs and he is the conservator of her estate, along with her brother. I hope Brit is taking her medicine and going to therapy like a good girl, because that is the only way she is going to get better, and it may take months.

Posted at 10:32PM on Feb 26th 2008 by Sarah

97. Thank you lawdawg et al for the Court TV worthy legal analysis. (only MILD sarcasm intended). Has there ever been any further information released on the visitation order? You guys seem to have all the details on everything else.

Posted at 10:34PM on Feb 26th 2008 by Lee13

98. Brit doesn't owe a dime.

State court had already ruled she could not retain attorneys. Eardley took the risk, it's his bill and his client :)

Posted at 10:35PM on Feb 26th 2008 by kat

99. lee13. apart from the no of people having to be present the only thing said was that she cold regain visitation on a pre-jan form for now - i.e. 3x per week. presume you caught that she is with them today - 3days of 4 means things must be looking good.... not due in court also around mar 10 i believe.

Posted at 6:27PM on Feb 27th 2008 by britaculous

100. Now if Sam Lutfi and Ali Sim would just vanish....such leeches

Posted at 1:32PM on Feb 27th 2008 by Heidi

101. I knew this suit was bogus. The judge took the easy road and declined to consider the lack of subject matter jurisdiction argument. It was also failure to refuse to award legal fees under Rule 11 for a clearly frivolous suit. The conservatorship may be able to wrangle out the fees if it sues for wrongful use of a civil proceeding (see, e.g., Sheldon Appel Company v. Albert & Oliker, 47 Cal3d 863 (1989))--but it would be a waste of money to do so with the lawyer's fees that would be racked up in such cases, plus the barrier of separating Eardley's actions/motivations from Britney, as an attorney under CA law isn't liable he acts primarily for the purpose of aiding his client in obtaining a proper adjudication of her claim. I hope this attorney gets disbarred.

Posted at 11:03PM on Feb 26th 2008 by DBK

102. I don't think privilege will apply to Sands' actions. Even If K-Fed alleges alleges that his attorneys hired Sands & that he was acting as a representative of the attorney, I doubt the court will treat PR as assisting in the rendition of legal services. If it wasn't about the case, it's not protected.

Posted at 11:11PM on Feb 26th 2008 by DBK

103. 99. Thank you lawdawg et al for the Court TV worthy legal analysis. (only MILD sarcasm intended). Has there ever been any further information released on the visitation order? You guys seem to have all the details on everything else.

Posted at 10:34PM on Feb 26th 2008 by Lee13

***********************

Sorry, Lee13, haven't seen any more than you have about the visitation arrangement. All I know for now is that both parties worked out a mutually acceptable agreement, and in such cases the court will enter it as an order to make it enforceable. If any details are released, though, I'd be happy to explain what it means and interpret the "legalese", and give my take on it. Stay in touch.

Posted at 11:26PM on Feb 26th 2008 by lawdawg

104. Britney has issues beyond doubt but thinking she can squeese between the cracks is one thing, letting lutfi try and slither between them is quite another!

Posted at 11:28PM on Feb 26th 2008 by Ricky P

105. Why does Brit have to pay $40,000 on a bogus case? Did Brit say she hired this guy? I thought this was Lufti's doing? Make that punk pay. Brit is the LA ATM.

Posted at 11:31PM on Feb 26th 2008 by loving the cooter

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