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Legal Opinion

Mitzel v. Westinghouse Electric Corp.

Court of Appeals for the Third Circuit

Decided December 29, 1995No. 94-5666UnknownCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Chief Judge.

A Pennsylvania law-firm, A Dragon Associates, and its clients, Kirk and Janet Mitzel, challenge the district court’s application of the New Jersey State Court Contingency Fee Rule- to a two-million-dollar settlement received by the Mitzels in a case Dragon filed for them in federal court in New Jersey. They argue that the district court erred in applying New Jersey rather than Pennsylvania law, and, in the alternative, that even if the New Jersey rule is applicable, Dragon is entitled to an increased fee under the terms of .the rule because of the…

2Cases cited27 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
  5. Abrams v. Lightolier Inc.Court of Appeals for the Third Circuit · 1995

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3Cited by1 opinion

  1. Kirk Mitzel Janet Mitzel, H/w v. Westinghouse Electric Corporation Dravo Corporation Dick Corporation Cortec Industries, Inc., T/a, D/B/A Inland Buildings Davy McKee Corporation, T/a, D/B/A Davy Dravo Dravo Engineering Companies, Inc. Cortec Industries, Inc., T/a, D/B/A Summit Buildings S.B. Acquisition Company, T/a, D/B/A Summit Buildings, Dick Corporation Dravo Corporation, Third-Party v. A.C. Dellovade, Inc. Davy McKee Corporation, T/a, D/B/A Davy Dravo, Third-Party Kirk Mitzel and Janet Mitzel, by and With Their Attorneys, a Dragon AssociatesCourt of Appeals for the Third Circuit · 1995

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