In response, the outgoing firm advised that it was electing "to be compensated on a contingent fee basis based on the proportionate share of the work performed by each firm on the whole case." Shortly thereafter, plaintiff's new counsel responded and reiterated that plaintiff was electing to compensate the outgoing firm on a quantum meruit
basis, and that plaintiff did not consent to a contingent fee payment.
ACA and the bank are likewise unable to recover under the doctrines of restitution, quantum meruit
and unjust enrichment because the underlying financing documents are enforceable.
In addition, Friedman seeks to rescind the settlement agreement and revive his underlying claims against Wang and ICCC for quantum meruit
, fraud, and breach of contract.
But despite the COA's recognition that DPWH's liability in favor of Geronimo exists, and even after concluding for the applicability of the principle of quantum meruit
, the COA, on Nov.
"Respondent stipulated that the amount requested by the Administrator was the correct amount of restitution, subject to respondent's opportunity to argue that he was entitled to an offset of $16,437 based on quantum meruit
," the report stated.
Along similar lines, the restorer argued that he was entitled to payment from the junk dealer on the basis of gestion d'affaires--roughly equivalent to the common law quantum meruit
. Again, this was rejected by the Court of Appeal: the existence of a contract between the parties precluded such a claim, and the Cour de Cassation did not consider it necessary to pronounce on the point.
In 2007, the Companies filed a civil suit against AT&T Corporation, seeking recovery of those access fees under a tariff collection action and a state-law quantum meruit
Under the Copyright Act, the statute of limitations for a copyright infringement claim is three years, while the statute of limitations for fraud, breach of contract and quantum meruit
is six years.
When a contingent-fee client fires a law firm shortly before settlement, the court should consider not only the contingent fee agreement but also other factors including the timing of the termination and the contributions of others when making a quantum meruit
fee award.<br />That's the ruling of the Supreme Court in Faricy Law Firm v.
Now, McLaughlin seeks attorneys' fees in quantum meruit
for the services he and his co-counsel, Anthony Argeros, rendered in Dobbs's case.
In rendering the award, the arbitrator said [ABC] is entitled to recover from [Ropolo] under the contract and alternatively in quantum meruit
. When the plaintiff moved to confirm the arbitration award in Superior Court, the defendant objected based on 7.1.4, which provides: With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect.