Hauptman, O'Brien, Wolf & Lathrop, P.C. v. Milwaukee Guardian

Sievers, Judge.

This case involves the question of whether Milwaukee Guardian, a division of Milwaukee Insurance Company (Milwaukee), must pay one-third of its $2,000 medical payment subrogation interest to the law firm of Hauptman, O’Brien, Wolf & Lathrop, P.C. (Hauptman, O’Brien). The answer largely depends upon whether the common fund doctrine applies in this case. The district court found that the common fund doctrine was applicable and ordered Milwaukee to pay $666.66 to Hauptman, O’Brien. Milwaukee appeals to this court.

FACTUAL BACKGROUND

The case was tried to the district court upon the…