Yarhi v. Hamilton Company

Summary

The United States District Court for the District of Nevada denied Astrid Yarhi’s motion for appointment of counsel under 28 U.S.C. § 1915(e)(1). The court concluded that Yarhi had not shown exceptional circumstances, including a likelihood of success or inability to articulate her claims, and did not appear to be indigent based on her financial disclosures.

Holdings

1. A civil litigant seeking appointment of counsel under 28 U.S.C. § 1915(e)(1) must demonstrate exceptional circumstances, evaluated by considering both the likelihood of success on the merits and the plaintiff's ability to articulate claims pro se in light of the complexity of the legal issues; Yarhi failed to make that showing.
2. A court may appoint counsel under 28 U.S.C. § 1915(e)(1) only for a litigant unable to afford counsel; Yarhi did not establish that eligibility because her financial application disclosed substantial resources and she did not appear indigent.

Questions Presented

1. Whether Yarhi demonstrated exceptional circumstances warranting appointment of counsel under 28 U.S.C. § 1915(e)(1).
2. Whether Yarhi qualified for appointed counsel as a person unable to afford counsel.

Disposition

other