A proposed settlement in a Fair Debt Collection Practices Act class action that has been marred by accusations of attorney misconduct hit a road block last week when a federal judge ruled that the class notice was inadequate and the defendant’s attorney had to withdraw because of a conflict of interest.
Eastern District Judge Arthur Spatt (See Profile) on Jan. 24 refused to grant preliminary approval of an $87,900 settlement in Corpac v. Rubin & Rothman, 2:10-cv-04165, and ordered a defense attorney, solo practitioner Robert Arleo, to withdraw from the case, finding he was barred by a conflict of interest because he worked with plaintiff’s attorney William Horn in other cases.
