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Sample Weekly Opinion Summaries
Ethics & Attorney Fees

July 05-09, 2010 Weekly Ethics & Attorney Fees Newsletter
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Table of Contents

Ethics & Attorney Fees

  • In the Matter of: Solis
  • Eng v. Cummings, McClorey, Davis & Acho
  • Davis v. Dep't of Justice
  • Judicial Watch, Inc. v. Bureau of Land Mgmt.
  • Koszdin v. State Comp. Ins. Fund

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Ethics & Attorney Fees

United States Seventh Circuit, 07/09/2010
In the Matter of: Solis
In Chapter 7 proceedings, district court's affirmance of bankruptcy court's denial of an attorney's claim against the estate for $49,719.63 in attorney fees and costs is affirmed as, under the terms of the contingent fee agreement, the attorney is entitled to a percentage of only the money he actually recovered from other parties, not a percentage of the money the debtor had received earlier. Read more...

United States Eighth Circuit, 07/09/2010
Eng v. Cummings, McClorey, Davis & Acho
In a declaratory judgment action against a law firm seeking a judgment that plaintiff firm need not share a portion of the attorney's fees awarded to plaintiff in a personal injury action, summary judgment for plaintiff is affirmed where, even assuming there was a fee-splitting agreement between the parties, this agreement did not comply with Mo. Sup. Ct. R. 4-1.5(e). Read more...

United States DC Circuit, 07/06/2010
Davis v. Dep't of Justice
In a FOIA action seeking access to tape recordings made during an FBI investigation of a New Orleans mob boss, a denial of plaintiff's motion for attorney's fees is affirmed where the OPEN Government Act of 2007 did not retroactively allow plaintiff to recover fees. Read more...

United States DC Circuit, 07/06/2010
Judicial Watch, Inc. v. Bureau of Land Mgmt.
In an action brought under the Freedom of Information Act, an attorney's fees award to plaintiff and against the Bureau of Land Management is vacated where the application of the 2007 Open Government Act to the case would have impermissible retroactive effects. Read more...

California Court of Appeal, 07/06/2010
Koszdin v. State Comp. Ins. Fund
In six class action suits brought by two attorneys against employers and workers' compensation insurance carriers, claiming that they failed to pay interest owed on attorney's fee awards issued by the WCAB, dismissal of the complaint following the sustaining of a demurrer for lack of subject matter jurisdiction is affirmed where: 1) under the relevant provisions of the Workers' Compensation Act, plaintiffs have standing to seek interest on the attorney's fees awarded directly to them by the WCAB; but 2) the trial court lacks jurisdiction to entertain the claims for unpaid interest where the WCAB did not expressly order the payment of interest in its attorney's fee awards. Read more...
FindLaw includes summaries of all Supreme and Appellate Court slip opinions posted on the official Illinois Courts site. FindLaw summaries include opinions that have not yet been released for publication and may be subject to modification, correction or withdrawal. Check the Illinois Courts site to determine if a specific opinion has been released before relying on that case as precedent.

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