Case Revolved On Meanings Of “Generated” And “Received.”
An attorney working on medical malpractice cases felt cheated when it received no “bonus” compensation after the cases settled well after his termination from the handling law firm. Unfortunately for him, he lost his bonus claims after years of litigation.
The Seventh Circuit Court of Appeals in Hess v. Bresney, No. 14-1921 (7th Cir. May 4, 2015) (precedential) held that the key dispute was contractual in nature, depending on what fees “generated” and fees “received” meant. Terminated attorney’s failure to adduce extrinsic evidence was dispositive because the fees came way after his termination so that they could not be classified as true “bonuses.”
However, here is a great quote from the case we liked: “By reading ‘generated”’ synonymously with ‘received,’ this formula for bonus compensation is straightforward and easy to apply. It is so easy, in fact, that even a group of lawyers could figure it out. Cf. Jackson v. Pollion, 733 F.3d 786, 788 (7th Cir. 2013) (‘Innumerable are the lawyers who explain that they picked law over a technical field because they have a “math block ... .”’).”
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