Legal Opinion

Wampold v. E. Eric Guirard & Associates

Court of Appeals for the Fifth Circuit

Decided March 1, 2006No. 04-31000PublishedCited by 1 opinion

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked to determine whether, under Louisiana law, the phrase “gross proceeds of recovery” in a standard-form, contingency-fee contract includes future, post-judgment disability benefits. Concluding that it does not, we affirm the judgment of the district court.

I

The present dispute over legal fees arises out of Thomas Pittenger’s representation of Mervin Wampold in a lawsuit against Wampold’s insurance provider, Paul Revere. Wampold suffered serious injuries in a car accident in 1998; he filed a claim under his insurance policy, which provided for…

2Cases cited10 opinions

  1. Baker v. MacLay Properties Co.Supreme Court of Louisiana · 1995
  2. Borden, Inc. v. Gulf States Utilities Co.Louisiana Court of Appeal · 1989
  3. Golz v. Children's Bureau of New Orleans, Inc.Supreme Court of Louisiana · 1976
  4. Chittenden v. State Farm Mut. Auto Ins. Co.Supreme Court of Louisiana · 2001
  5. Blazek v. North American Life & Casualty Co.Supreme Court of Minnesota · 1963

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3Cited by1 opinion

  1. On-Site Fuel Service, Inc.United States Bankruptcy Court, S.D. Mississippi · 2021

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