IN RE ABRAMS & ABRAMS, P.A.

No. 09-1283.

605 F.3d 238 (2010)

In re ABRAMS & ABRAMS, P.A.; St. Martin, Williams And Bourque, Appellants. Jerry Pellegrin, Guardian Ad Litem for Mark Pellegrin, Plaintiff, v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendant. v. Louisiana Association for Justice; American Association for Justice; Public Justice, Amici Supporting Appellants, Thomas Shipley Jones, Court-Assigned Amicus Counsel. In re Abrams & Abrams, P.A.; St. Martin, Williams and Bourque. Jerry Pellegrin, Guardian Ad Litem for Mark Pellegrin, Plaintiff-Appellant, v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendant. Louisiana Association for Justice; American Association for Justice; Public Justice, Amici Supporting Appellant, Thomas Shipley Jones, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: May 18, 2010.


Attorney(s) appearing for the Case

ARGUED: James P. Cooney, III, Womble, Carlyle, Sandridge & Rice, PLLC, Charlotte, North Carolina, for Appellants; John Keating Wiles, Cheshire, Parker, Schneider, Bryan & Vitale, Raleigh, North Carolina, for Jerry Pellegrin, Guardian Ad Litem for Mark Pellegrin. Thomas Shipley Jones, Jones Day, Pittsburgh, Pennsylvania, for Court-Assigned Amicus Counsel. ON BRIEF: Joseph B. Cheshire, Cheshire, Parker, Schneider, Bryan & Vitale, Raleigh, North Carolina, for Jerry Pellegrin, Guardian Ad Litem for Mark Pellegrin. Bruce C. Dean, Chairman, Amicus Curiae Committee, Bruce C. Dean, LLC, Metairie, Louisiana, for Louisiana Association for Justice, Amicus Supporting Appellants. Les Weisbrod, President, American Association for Justice, Washington, D.C., Arthur A. Bryant, Executive Director, Public Justice, Washington, D.C., Jeffrey R. White, Center for Constitutional Litigation, P.C., Washington, D.C., for American Association for Justice and Public Justice, Amici Supporting Appellants. Charles H. Moellenberg, Stephanie D. Taylor, Jones Day, Pittsburgh, Pennsylvania, for Court-Assigned Amicus Counsel.

Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Senior Judge HAMILTON joined.


OPINION

WILKINSON, Circuit Judge:

After winning their disabled client an $18 million personal injury settlement that will pay for his care for the rest of his life, the attorneys in this case saw their compensation slashed by the district court from the thirty-three percent provided in their contingency fee agreement to a mere three percent. While a district court does possess discretion in approving fee awards, particularly when its power to protect minors...

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