In a first-impression issue, the Pennsylvania Superior Court has affirmed the dismissal of a lawyer’s unjust enrichment claim against litigation funders, ruling that the fee agreement between them and the plaintiff could not be enforced.
A three-judge panel of the court ruled that a 2008 contingent fee agreement between attorney Bruce McKissock and client Polymer Dynamics was not valid, because it provided for unrelated parties with no legitimate interest in the litigation to benefit from the outcome. The amended fee agreement, which they entered while appealing a $12.5 million verdict in pursuit of a larger award, had said McKissock would receive a one-third legal fee, from which he would pay the unrelated parties who were funding the litigation.
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