Legal Opinion

Daly's Case

Massachusetts Supreme Judicial Court

Decided May 9, 1989PublishedCited by 15 opinions

1Opinion of the CourtAbrams, J.

The main issue is the correctness of a decision by the Department of Industrial Accidents (DIA) approving the terms of a settlement of a third-party action. See G. L. c. 152, § 15 (1986 ed.). 2 The injured claimant, Thomas L. Daly, agreed to pay his attorney, Mr. James N. Esdaile, Jr., a contingent legal fee of one-third of any third-party recovery. Travelers Insurance Company (Travelers), which insured Daly’s employer, was fully reimbursed out of the third-party settlement for the compensation it paid Daly. The settlement apportioned Esdaile’s fee between Daly and Travelers. Travelers…

2Cases cited25 opinions

  1. Moody v. ArabieSupreme Court of Louisiana · 1986
  2. Quinn v. State of CaliforniaCalifornia Supreme Court · 1975
  3. Stratos v. Department of Public WelfareMassachusetts Supreme Judicial Court · 1982
  4. Kelly v. State Insurance FundNew York Court of Appeals · 1983
  5. Ahmed's CaseMassachusetts Supreme Judicial Court · 1932

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3Cited by15 opinions

  1. Bongiorno v. Liberty Mutual Insurance Co.Massachusetts Supreme Judicial Court · 1994
  2. Home Depot v. KardasMassachusetts Appeals Court · 2011
  3. Pinto v. Aberthaw Construction Co.Massachusetts Supreme Judicial Court · 1994
  4. Rhode v. Beacon Sales Co.Massachusetts Supreme Judicial Court · 1993
  5. Green's CaseMassachusetts Appeals Court · 2001

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