United States Fifth Circuit

In a suit to recover attorney's fees from a workers' compensation provider after a successful suit against a tortfeasor, denial of the plaintiff's claim is affirmed on different grounds where: 1) the parties had formed an agreement whereby the defendant would reduce its lien on the recovery by one-third; and 2) the agreement was unenforceable under the Texas Workers' Compensation Act since plaintiff did not comply with the Act by not making full written disclosure of its representation of defendant to the client in the original action.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• PER CURIAM:, Before JONES, Chief Judge, JOLLY, Circuit Judge, and CARDONE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Andrew Alan Bergman (argued), Bergman & Bird, Dallas, TX, for Plaintiff-Appellant.


• For Appellees:
  
• David L. Brenner (argued), Burns, Anderson, Jury & Brenner, Austin, TX, for Defendant-Appellee.