Legal Opinion
Edna L. Hayes v. Secretary of Health and Human Services
Court of Appeals for the Sixth Circuit
Decided October 10, 1990No. 89-3984PublishedCited by 3 opinions
1Opinion of the Court
BOGGS, Circuit Judge.
This appeal is brought by John A. Cer-vay, counsel for successful social security claimant Edna L. Hayes. The district court denied Cervay his full 25% contingency fee, finding that it “represents a windfall.” This case involves an interpretation of our decision in Rodriquez v. Bowen, 865 F.2d 739, 746 (6th Cir.1989) (en banc), which established a rebuttable presumption that an attorney would receive the full 25% contingency fee under contract unless 1) the attorney engaged in improper conduct or was ineffective, or 2) the attorney would enjoy an undeserved windfall due…
2Cases cited4 opinions
- Rodriquez v. BowenCourt of Appeals for the Sixth Circuit · 1989
- Joseph J. ROYZER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1990
- Anita Kirchoff and William Kirchoff v. Michael FlynnCourt of Appeals for the Seventh Circuit · 1986
- Leonard R. McGUIRE, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1990
3Cited by3 opinions
- Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)District Court, S.D. New York · 1991
- Lanham v. Secretary of Health & Human ServicesDistrict Court, E.D. Michigan · 1992
- Ward v. SullivanDistrict Court, E.D. Missouri · 1991