Legal Opinion

Laryssa Elder, Individually, and as Administratrix of the Goods, Chattels and Credits of Alfred Elder, Deceased v. Metropolitan Freight Carriers, Inc.

Court of Appeals for the Third Circuit

Decided September 16, 1976No. 75-2424PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

This appeal challenges a district court’s authority to enforce its rule regulating con*515tingent fees in tort actions. We hold that its premature order of dismissal in a wrongful death action did not deprive the court of power to enforce compliance with its fee schedule. Nor was it required to accede to a fee higher than allowed by the rule but approved by a state court which had no jurisdiction over the negligence case. Accordingly, we affirm.

On October 3, 1972 a truck owned by defendant Metropolitan Freight Carriers, Inc. crossed the center line of a…

2Cases cited14 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. Mellk v. SarahsonSupreme Court of New Jersey · 1967
  4. Gair v. PeckNew York Court of Appeals · 1959
  5. Ruby Humphreys, Administratrix of the Estate of William Orvie Humphreys, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1959

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3Cited by26 opinions

  1. Dunn v. H. K. Porter Co., Inc.Court of Appeals for the Third Circuit · 1979
  2. Sarei v. Rio Tinto PLC.District Court, C.D. California · 2002
  3. Eagan Ex Rel. Keith v. JacksonDistrict Court, E.D. Pennsylvania · 1994
  4. Rojas v. Two/Morrow Ideas Enterprises, Inc.Supreme Court of The Virgin Islands · 2010
  5. 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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