By Jeffrey V. Mehalic on Posted in Attorney FeesOver the next few posts, I want to follow up on some earlier posts and also talk about Supreme Court of Appeals decisions that, for one reason or another, I have overlooked.
You may remember that a couple of years ago, as a result of criminal charges that a trio of plaintiffs’
By Jeffrey V. Mehalic on Posted in Attorney FeesFirst of all, happy Memorial Day to everyone, and thank you to our active and retired service men and women and their families for the sacrifices they have made and continue to make for all of us.
As we reach the end of May, it has been a good month for
By Jeffrey V. Mehalic on Posted in Attorney Fees I want to discuss a new decision from the Fourth Circuit, which Rob Hoskins brought to my attention last week on ERISABoard. The case involves the reasonableness of attorney’s fees in general, and a substantial contingency fee in particular.
The facts in In re Continue Reading
By Jeffrey V. Mehalic on Posted in ERISA Long-term disability cases generate an enormous amount of litigation, almost always in federal court because of the scope of ERISA pre-emption. ERISA also bars state law claims, such as negligence and breach of contract, and compensatory and punitive damages. Thus, a claimant is typically limited to the amount of the
By Jeffrey V. Mehalic on Posted in Attorney Fees,Law Practice This is a topic that has intrigued me for some time, namely, the phenomenon of firms that have traditionally represented only defendants or insurance companies deciding to represent plaintiffs, sometimes on a contingency fee basis, which has been limited previously to plaintiffs’ firms. In a post last month, the
By Jeffrey V. Mehalic on Posted in Appellate Decisions,Attorney Fees In some cases, a client’s recovery involves payments that will be received on a periodic basis. While an attorney’s fees generally can be calculated in advance and paid in full, what happens if the amount of the client’s payments varies and the duration of the payments is unknown? How much