« Ind. Courts - Steuben County Council to cut supplemental salaries from judicial positions | Main | Environment - More on - "President of Wabash Environmental Technologies charged with environmental crimes" »

Sunday, November 16, 2008

Ind. Decisions - "Judge tells city of New Albany: Pay the lawyers"

Dick Kaukas reports today in the Louisville Courier-Journal:

New Albany has been ordered to pay $300,000 to three lawyers who were hired to represent the city in a lawsuit against Georgetown over sewer fees.
Advertisement

Special Judge Kenneth Lopp ruled last week in Floyd Circuit Court that Rick Fox, K. Lee Cotner and Steve Gustafson were retained under an agreement that they would receive a contingency fee of one-third of any amount recovered from Georgetown in the case.

Derrick H. Wilson, representing New Albany, argued that the three lawyers -- who have offices in New Albany -- didn't do much legal work to bring about the settlement. Georgetown ultimately paid $900,000 to New Albany.

But Lopp said there was "significant evidence before the court" that the lawyers "performed significant work and certainly contributed to the result obtained."

Fox, Cotner and Gustafson, who were practicing together at the time but have since split, sued the city in September 2005 after it declined to pay what they said they were owed. The attorneys originally asked for $750,000.

Ruling on the lawyers' request for summary judgment, Lopp said they were entitled to $300,000, one-third of the $900,000 settlement, plus interest.

Posted by Marcia Oddi on November 16, 2008 12:18 PM
Posted to Ind. Trial Ct. Decisions