Excel Corp. v. Jimenez

The opinion of the was court delivered by

Six, J.:

This summary judgment case concerns an employer’s claim against an attorney for return of a 25 per cent contingent attorney fee arising from a fraudulent workers compensation award.

Plaintiff Excel Corporation filed a K.S.A. 44-5,120 et seq. “fraud and abuse” civil action. The district court ordered the defendant attorney, Henry Goertz, to return the fee. Goertz appeals.

The Kansas Trial Lawyers Association filed an amicus brief in support of Goertz.

Our jurisdiction is under K.S.A. 20-3018(c) (a transfer from the Court of Appeals on our own…