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Melvin Barrios, rendered quadriplegic by a roofing accident, initially hired attorney Warren D. Rush for product liability and ERISA claims. Barrios later fired Rush, citing poor communication, Rush's failure to pursue the ERISA claim (due to a perceived conflict with Rush's representation of Barrios's employer, Knight Oil Tools), and improper handling of the product liability suit. Barrios then retained Aaron W. Guidry and Mallia & Jacobs, who settled the product liability case for two million dollars. A subsequent dispute arose to apportion the $666,666.67 contingency fee among the attorneys. The trial court reduced Rush's jury-awarded fee from $111,111.11 to $33,333.33 for termination for cause, further applying a 10% reduction under Louisiana law to $29,999.99. Rush appealed, challenging the judgment notwithstanding the verdict, the summary judgment on termination for cause, and the court's personal jurisdiction. The appellate court affirmed the trial court's judgment.
Rush v. Barrios is a workers' compensation case decided in Texas Court of Appeals, 14th District (Houston). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 14th District (Houston).
Full Decision Text1 Pages
Melvin Barrios, rendered quadriplegic by a roofing accident, initially hired attorney Warren D. Rush for product liability and ERISA claims. Barrios later fired Rush, citing poor communication, Rush's failure to pursue the ERISA claim (due to a perceived conflict with Rush's representation of Barrios's employer, Knight Oil Tools), and improper handling of the product liability suit. Barrios then retained Aaron W. Guidry and Mallia & Jacobs, who settled the product liability case for two million dollars. A subsequent dispute arose to apportion the $666,666.67 contingency fee among the attorneys. The trial court reduced Rush's jury-awarded fee from $111,111.11 to $33,333.33 for termination for cause, further applying a 10% reduction under Louisiana law to $29,999.99. Rush appealed, challenging the judgment notwithstanding the verdict, the summary judgment on termination for cause, and the court's personal jurisdiction. The appellate court affirmed the trial court's judgment.
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