Category: Attorney’s Fees

ATTORNEY'S FEES-CHARGING LIEN Austin v. Thyssenkrupp Elevator Corp., 2021 Pa. Super. LEXIS 301 (May 14, 2021) (Stevens, P.J.E.)  Interesting case discussing when an attorney has a right to a charging lien for a fee. With these precepts in mind, we agree with Attorney Schneider that there are equitable considerations necessitating the recognition and application of an attorney’s charging lien in the instant case. Specifically, it is clear from the record that if the attorney’s fees are not paid from the settlement agreement proceeds, no compensation will be paid to Attorney Schneider. Austin and tkE reached the oral settlement agreement on November 30, 2017, and on May 1, 2019, this Court expressly held that such an agreement existed. Thereafter, for almost two years, and for reasons unknown, Austin refuses to sign the written release. Meanwhile, Attorney Schneider has not been paid for his efforts, which directly resulted in the settlement agreement. Further, inasmuch as Austin discharged Attorney Schneider after the settlement agreement was reached, Attorney Schneider is no longer the counsel to whom the proceeds will be distributed, in the event Austin signs the written release. Thus, Attorney Schneider is faced…

Krishnan v. Cutler Group, 2017 Pa. Super. LEXIS 766 (October 2, 2017) Bender, P.J.E.  This case involves a building contract and award of attorney’s fees under the Unfair Trade Practices and Consumer Protection Law.  The trial court found in favor of the homeowners on their Unfair Trade Practices and Consumer Protection Law claim.  It granted request for prejudgment interest, denied the request for all their attorney’s fees, granted a request for attorney’s fees and costs in part, and otherwise sustained the verdict.  The judgment was affirmed in part, vacated in part and remanded for consideration of attorney’s fees award, consistent with the opinion. The court has discretion to award attorney’s fees under the UTPCPL.  This also applies to award of costs, including expert fees.  The trial court appropriately awarded expert fees.  Also was proper to award prejudgment interest.  The court has discretion to award prejudgment interest on some claims and not on others.  The homeowner spent a half million dollars to have this home built, and there were many problems.  They had to pay almost $86,000 out of pocket to bring the home in compliance.  Awarding additional fees and costs…

Huyett v. Doug’s Family Pharm., 2017 Pa. Super. LEXIS 272 (April 20, 2017) Bowes, J.  Upon remand for the determination of attorney fees, the trial court followed this Court’s directive.  It presided over the trial and had the opportunity to observe the witnesses.  Additionally, it reviewed the trial transcript, weighed the evidence, and reached the conclusion that the evidence of a violation of the PHRA was weak.  In arriving at that finding, the court stated that it did not reject the jury’s credibility determination, but rather independently reweighed the evidence. Absent herein is any showing that the trial court’s decision was manifestly unreasonable or biased or so lacking in support as to be clearly erroneous, and we may not reverse simply because we may have reached a different result.