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Contingency Fees

Contingency-Fee Unclaimed Property Auditor Arrangement Subject to Due Process Review

A facial challenge to Delaware’s use of contingency-fee unclaimed property auditors has been given new life by a federal appellate court, which held that the arrangement is subject to due process review, reversing the lower...more

Certification an Even Lower Bar Against Lawyers

by Bennett Jones LLP on

The decision of the Ontario Court of Appeal in Hodge v Neinstein, 2017 ONCA 494 [Hodge], released on June 15, 2017, was surprising with respect to its treatment of the balance between common and individual issues in a class...more

Litigation Funding and Its Implications for US and UK Insurers

by Sedgwick LLP on

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19734 - Wall Systems, Inc. v. Pompa - Plaintiff - construction company - discovered one of its supervisors who was paid ~$200k/year was working for a competitor at the same...more

Contingencies in Construction Budgets: Lenders’ and Borrowers’ Perspectives

As any builder will tell you, it is impossible to know with certainty the exact amount a project is going to cost. Variables affecting the cost run the gamut from labor and material costs to delays for unforeseen conditions,...more

Avoid These Costly Mistakes When Hiring the Right Accident Lawyer

Auto accidents, by nature, are generally unplanned and unpredictable. In more serious accidents, catastrophic injuries can mean that lives are thrown into chaos. What’s more, in the days and even weeks and months following...more

Bootstrapped Claim Against the FDA Gets the Boot

by Reed Smith on

We’re pleased to report the demise of a plaintiff’s firm’s attempt to punish the FDA for rejecting the firm’s attempt to force the agency to create evidence helpful to plaintiffs in litigation. The ploy began in 2012, when “a...more

Litigation Funding Contract Invalidated as Champertous in Pennsylvania

by Reed Smith on

This post does not involve a drug/device case – or even a tort case - but counsel worried about potentially abusive litigation funding should take a look at WFIC, LLC v. Labarre, ___ A.3d ___, 2016 WL 4769436 (Pa. Super....more

Is Hiring a Personal Injury Attorney a Good Financial Deal?

Woodland Hills personal injury attorney Barry P. Goldberg is regularly questioned about how personal injury attorneys are paid and then challenged to justify, in advance, whether it is a good deal. Over the years Mr....more

Ten Things You Should Know About the 2016 Uniform Unclaimed Property Act

The 2016 Uniform Unclaimed Property Act (2016 Act) was adopted unanimously by the Uniform Law Commission (ULC) in a 49-0 vote at its 2016 summer meeting. The adoption of the revised model law is a significant step forward for...more

Sixth Circuit Affirms FNC in Favor of Germany

by Reed Smith on

We’ve mentioned before how our Trusts & Estates professor described the German legal system as “the mind of God revealed to man.” Professor Langbein was especially impressed with the German system of training judges, as well...more

Florida Court Declines to Apply a Multiplier as to Attorneys’ Fees in a First Party Insurance Coverage Dispute

In Fla. Peninsula Ins. Co. v. Wagner, 2016 Fla. App. LEXIS 8262 (Fla. 2d DCA 2016), the Second District examined whether the trial court properly applied a multiplier as to attorneys’ fees after the insured homeowners...more

And You Thought RAC Audits Couldn’t Get Any Worse

by Faegre Baker Daniels on

If there’s one thing that unites the hospital industry—even the fiercest competitors—it’s hatred of audits by recovery audit contractors, or RACs. Why? For one thing, because RACs operate on a contingency fee basis. They...more

Unclaimed Property Primer for Health and Property & Casualty Insurance

Background - Unclaimed Property: It’s not just about life insurance. The same contingency-fee unclaimed property auditors that targeted unclaimed life insurance proceeds are now turning their focus to other types of...more

Recent Alabama Tax Developments

The Alabama Legislature adjourned sine die on May 4 bringing the 2016 Regular Session to an end. The 2017 Regular Session is scheduled to begin in February and there have been reports of a potential special session later in...more

Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

by Hinshaw & Culbertson LLP on

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...more

TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose

by Reed Smith on

In third party payor litigation over prescription medical products, we have often marveled at the causation arguments that plaintiffs have offered and the willingness of some courts to accept collective proof over what really...more

Ethics Opinion Prevents Double Dipping in a Contingency Fee Arrangement

by Butler Snow LLP on

Attorneys cannot double dip on contingency fees to settle third party liens or claims. In Ethics Opinion RO-2015-01, the Disciplinary Commission of the Alabama State Bar addressed whether or not a lawyer representing a...more

Delaware Court Approves Litigation Funding Agreement

by Reed Smith on

The Delaware Superior Court issued a recent decision providing the following guidance to parties regarding how to properly structure litigation finance agreements in order to avoid claims of champerty and maintenance: (i) the...more

Litigation Funding and Other Monetization Tools for Israeli Innovators and Investors

by Kobre & Kim on

Protecting the value of Israeli businesses involved in cross-border legal disputes may require aggressive assertion of rights in claims against joint venture partners, distributors, licensees, customers, or infringers of...more

Florida’s Third District Upholds Multiplier To Increase Award Of Attorneys’ Fees To Insured

In Citizens Prop. Ins. Corp. v. Pulloquinga, 2015 Fla. App. LEXIS 19453 (Fla. Dist. Ct. App. 3d Dist. December 30, 2015), the Third District affirmed a Miami-Dade trial court’s application of an attorney fee multiplier of...more

Business Litigation Report - November 2015

Deciding Who Decides Questions of Arbitrability: A Survey of American Law and a Comparative Perspective - Parties to commercial disputes frequently encounter and litigate the threshold issue whether their dispute is...more

November 2015: EU Litigation Update

Damages Based Agreements—Latest Developments. The United Kingdom has historically been averse to straight contingency based fee arrangements between clients and their lawyers, believing these led inevitably to conflicts of...more

Massachusetts Joint Committee Hears Testimony Yesterday on Bill to Ban Use of Contingent Fee Auditors

by Reed Smith on

Yesterday, the Massachusetts Legislature’s Joint Committee on State Administration and Regulatory Oversight heard testimony on Senate Bill 1710, a bill that would prohibit the use of contingent fee auditors by state agencies,...more

The Seventh Circuit Applies the Erie Doctrine to Minor Settlements

by Foley & Lardner LLP on

For the purposes of the Erie doctrine, which directs federal courts sitting in diversity to apply state substantive law and federal procedural rules, “damages law is substantive law,” and that includes the law that governs...more

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