A Second Circuit panel has unraveled a attorney harassment lawyer $100K lien previously granted to the lawyer who represented a former Marriott banquet worker in a race-based harassment suit, ruling that the district court failed to confront key arguments about whether the requested amount was truly justified.
Jury Cleared Marriott but Hit Union Delegate With $400K Verdict
The unpublished opinion, released Thursday, follows a March 2023 jury verdict that exonerated Marriott International Inc. of liability for allegedly permitting harassment against Egyptian-born former waiter Gebrial Rasmy. The jury instead found a union delegate responsible for unlawful retaliation and awarded Rasmy $400,000.
Before that trial, Rasmy hired attorney Michael Diederich in February 2022—then dismissed him eight months later. That firing launched the fight over fees. The district court awarded Diederich a $100,000 charging lien for his work, concluding it fell below the one-third contingency fee outlined in the retainer and less than the roughly $122,000 recorded in his billing.
Diederich, who had urged Rasmy to take Marriott’s $250,000 settlement offer, said Friday that his prediction had proved accurate: “He was, in my opinion, very lucky to have won against his co-worker.”
