Legal Opinion · Dissent

Camden National Bank v. Steamship Navigation Co.

Supreme Judicial Court of Maine

Decided April 1, 2010No. Docket: Oxf-09-250Published

1DissentJabar, J.

[¶ 18] I respectfully dissent from the Court’s conclusion that Lilley’s 35% contingent fee should be based upon the amount deposited in the interpleader fund, rather than Steamship’s $1,500,000 jury award. The Court’s analysis is premised on the fact that Steamship never actually collected the jury award, as only $739,000.38 was deposited into the interpleader fund following a court-ordered set off against the Bank’s foreclosure deficiency judgment. The Court acknowledges that the Bank’s foreclosure action and Steamship’s tort/contract action “were not fully consoli*805dated,” and that a request…

2Cases cited7 opinions

  1. Levine v. Bayne, Snell & Krause, Ltd.Texas Supreme Court · 2001
  2. Federal Deposit Ins. Corp. v. NotisSupreme Judicial Court of Maine · 1992
  3. Kramer v. FallertMissouri Court of Appeals · 1981
  4. Wooldridge v. BradburyCourt of Appeals of Kentucky · 1919
  5. Underwood v. RichCourt of Appeals of Georgia · 1934

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