Although it may be too soon to draw any definitive conclusions, recent developments favoring plaintiffs
in the underlying welding fume litigation could result in further pro-plaintiff
decisions and settlements.
Kenseth: The Tax Court held in Kenseth (15) that contingent attorneys' fees recovered by a plaintiff
in an opt-in class action were includible in gross income, notwithstanding the fact that recovering class members had very little control over disbursement of the settlement funds.
The lower court threw out most of the claims in March 2000, saying the statute of limitations required that plaintiffs
needed to have filed their personal injury claims within one year of knowing about their problems.
then went to the extraordinary step of conferring with Groff's architect and obtained from him an Altered Building Application for presentation to the Department of Building which, if accepted, would amend the Certificate of Occupancy and allow mixed use of the loft.
In this case, the plaintiff
alleged no privity of contract or statutory duty on which to premise a duty of care.
Counsel for a defendant hospital may not communicate with a resident physician in its employ who treated plaintiff
after an accident at the hospital.
The court noted that the plaintiff
produced expert testimony at trial that morbid obesity is a physiological disorder involving a dysfunction of both the metabolic system and the neurological appetite-suppressing signal system.
attorneys have taken portable X-ray machines to union halls to encourage workers to be X-rayed for possible asbestos and silicosis exposure, Behrens said.
The appellate court further noted that "ample evidence exists as well for the trial judge's finding that during the period of time when the [individual principals] were requesting additional work they knew Equinational might not be in a position to pay for that work, yet implored plaintiff
to continue under circumstances indicating plaintiff
reasonably expected to be paid therefore.
In many instances, the attorney's fees of the plaintiff
awarded under 1988 exceed the damages awarded to the plaintiff
In the Federal system, statutory fees are typically awarded by the court under the lodestar approach (Hensley, 461 US 424 (1983)), and the plaintiff
usually has little control over the amount awarded.
During the trial, the jury heard evidence that the plaintiff
was the company's only female warehouse worker, she was singled out for "intense stalking" by one of her supervisors, she received harsher discipline than men for the same conduct, she was treated less favorably than men in the assignment of overtime and supervisors repeatedly "stacked" her disciplinary record and used or tolerated sex-based slurs against her.