A law blog, all done with humor, love, jealousy, and snark.
Omg. Moreno did the right thing. The 11th circuit blows!
Is it Friday yet?
This should have been a PCA. Instead they slap Moreno and stiff the lawyer who got jammed by his client.
Did any 11th circuit judges before taking the bench ever represent a client on a contingent basis, ever?
The lawyer screwed himself. You should have put a clause in his contract with his client that would cover this situation.He should sue himself for malpractice!
337 you have no idea what you're taking about.
The attorney could sue in state court for fraud.
forget fraud - just sue the client for quantum meruit and get ready for the counterclaim
FLSA plaintiffs' bar always seems to get the short end of the stick with these opinions.
Not so sure about that, 11:34. I'm sure that there are many shady employers in the S.D. Fla. who don't pay their employees overtime wages. But I'm also sure that there are countless employers who don't violate the law but are anyway forced to settle (and pay a nice sum in attorney's fees) lawsuits without merit. Though there will be times when an FLSA plaintiff's attorney loses out, overall they benefit from a law that is subject to abuse.
To 6:12 PM:Actually, I do. It seems strange that the attorney would not put a clause into his contingent fee contract prohibiting either self settlement or hiring another attorney. Isn't that the purpose of contracts? Obviously, if he did put clauses like that in he might scare off the client, which would explain why those clauses were not present and why the decision was a fair decision.3:37 PM