Are fees awarded to an employer's attorney and their pro rata share of other litigation costs deducted from the amount paid to the employer out of the settlement proceeds?

California, United States of America


The following excerpt is from Summers v. Newman, 20 Cal.4th 1021, 86 Cal.Rptr.2d 303, 978 P.2d 1225 (Cal. 1999):

Consistent with this court's reasoning in Quinn v. State of California (1975) 15 Cal.3d 162, 124 Cal.Rptr. 1, 539 P.2d 761 (Quinn ), and with the law in a substantial majority of our sister states, we have concluded that under section 3860(e) the fees awarded to the employer's attorney and the employer's pro rata share of other litigation costs are to be deducted from the amount paid to the employer out of the settlement proceeds as reimbursement for its workers' compensation expenses.

Other Questions


Is an employer entitled to recover attorney fees and litigation costs from a settlement? (California, United States of America)
On remand, what are the costs of attorney fees deducted from the settlement proceeds? (California, United States of America)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (California, United States of America)
What is the test for a court to award attorney's fees and costs in a dissolution proceeding? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
Are contractual attorney fees awarded to a party who recovers no money damages treated as incidental costs of litigation? (California, United States of America)
Is an employee entitled to deduct a portion of their attorney fees from the amount used to reimburse the employer? (California, United States of America)
What is the test for an appeal from a judgment that awards attorney fees but does not determine the amount awarded? (California, United States of America)
In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.