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Austin v. Thyssenkrupp Eleveator Corp.

Pennsylvania Superior Court

May 14, 2021

In Austin v. Thyssenkrupp Elevator Corp., the Pennsylvania Superior Court heard an appeal from an order of the Court of Common Pleas denying a motion for imposition of an attorney’s charging lien. In an underlying personal injury suit, the parties orally agreed to a settlement. However, the plaintiff later developed cold feet. After the trial court entered an order enforcing the oral agreement, the plaintiff fired his attorney. But the trial court would not enter the attorney’s charging lien. The Superior Court reversed. It reviewed the five-factor test outlined in Recht v. Urban Redevelopment Authority of City of Clairton, 168 A.2d 134 (Pa. 1961), and held that equitable considerations required that the lien be imposed.

Austin

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