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GODWIN v. SCHRAMM

Nos. 83-5065, 83-5129 and 83-5130.

731 F.2d 153 (1984)

Alton GODWIN and Karen Godwin, his wife v. Victor SCHRAMM, United States of America. Appeal of Kenneth W. BEHREND.

United States Court of Appeals, Third Circuit.

Decided March 30, 1984.

Attorney(s) appearing for the Case

Samuel C. Stretton (argued), Block, New & Stretton, West Chester, Pa., for Kenneth W. Behrend.

Neil L. Conway, Hourigan, Kluger, Spohrer & Quinn, Wilkes-Barre, Pa., for amicus curiae Pennsylvania Trial Lawyers.

Paul J. Brysh (argued), Anthony M. Mariani, Asst. U.S. Attys., Pittsburgh, Pa., for appellee United States.

Robert A. Zunich (argued), Zimmer & Dice, Oakmont, Pa., for appellees Alton Godwin and Karen Godwin.

Before GIBBONS and SLOVITER, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

At issue is the 25 percent statutory limit on attorney's fees in federal tort claims. The plaintiffs below, Alton and Karen Godwin, settled their medical malpractice claim against the United States for a cash payment of $1,125,000 and provision for lifetime medical care by the Veterans Administration (VA). Kenneth Behrend, the lawyer who represented the Godwins, appeals from the district court's orders limiting...

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