“What our court docket did was truly clarify that we do undertake frequent fund doctrine. The circuit court docket choose didn’t assume we did. Virtually each state and federal court docket that I might discover acknowledges it,” mentioned David J. Romano, an legal professional who sought charges and prices after negotiating a separate $2.23 million settlement fund on behalf of unknown heirs.
April 28, 2023 at 05:14 PM
5 minute learn
What You Must Know
- The difficulty earlier than the West Virginia Supreme Courtroom of Appeals requested if counsel was entitled to cost of legal professional charges and prices from a separate settlement fund he negotiated on behalf of unknown heirs, regardless of having no contractual relationship with them.
- A circuit court docket choose denied the legal professional’s request, discovering that the frequent fund doctrine didn’t apply to the case.
- The state excessive court docket reversed the decrease court docket’s determination, adopting the Restatement of Restitution and Unjust Enrichment Part 29 (Am. Regulation Inst. 2022), in its entirety, because the regulation of the state.
Is counsel entitled to legal professional charges and prices from an underlying $2.23 million settlement fund associated to unpaid oil and fuel royalties that he helped negotiate on behalf of unknown heirs who by no means entered right into a contractual relationship with the lawyer?
Or was West Virginia one of many lone states that didn’t acknowledge the frequent fund doctrine in a contemporary period, the state excessive court docket sought to reply in L&D Investments, Inc., v. Antero Resources Corp.
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