Fagan attempted to represent the plaintiffs in a suit brought by relatives of six Americans who died in mountain railway disaster in Kaprun, Austria, which killed 155 people, but in August 2007, Southern District of New York Judge Shira Scheindlin disqualified Fagan from representing the plaintiffs, after noting that Fagan, who had filed for personal bankruptcy, had a personal interest in the litigation's outcome and made false representations to the court. Scheindlin slapped the attorney with a $5,000 fine. Fagan continues to seek winnings [2009] in this case with a former partner in the case that through their failed Florida partnership representing victims in the Louis J Pearlman fraud, allowed Fagan to vindictively sell his services to victims of that fraud. Fagan eventually deserted these clients after severely hurting their chances of any recovery due to his obstructionist and disingenuous involvement in their cases.