(DOWNLOAD) "Venegas v. Skaggs" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free

eBook details
- Title: Venegas v. Skaggs
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 31, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
FLETCHER, Circuit Judge: Attorney Michael Mitchell (""Mitchell"") appeals the district court's denial of his motion to intervene in his former client's Section 1983 action. Mitchell moved to intervene in order to confirm a $406,000 lien for attorney's fees on the judgment. Juan Francisco Venegas (""Venegas""), the former client, cross-appeals the district court's ruling that Mitchell's entitlement to attorney's fees is not limited to the 42 U.S.C. Γ§ 1988 award of $75,000. We exercise jurisdiction pursuant to 28 U.S.C. Γ§ 1291. We hold that the district court abused its discretion in denying Mitchell's intervention motion, and remand the case to the district court for a determination of the merits of Mitchell's motion to confirm a lien. We affirm the district court's ruling that Mitchell's entitlement to attorney's fees is not limited to the Γ§ 1988 award and that a 40% contingent fee is reasonable in this case.1