Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C. (majority)Annotate this Case
This matter arose from a wrongful death lawsuit filed by the Estate of Richard Eazor deriving from a motor vehicle accident. The Eazor Estate was represented by Attorney William Weiler, Jr., who entered his appearance in the matter in March 2005. By December 1, 2005, Weiler became associated with Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. Weiler brought the Eazor Litigation with him and Meyer Darragh attorneys worked on the Eazor Litigation for over seventy hours over a nineteen-month period. In May 2007, Weiler resigned from Meyer Darragh. At that time, Meyer Darragh understood it would continue as lead counsel in the Eazor Litigation along with Weiler at his new firm. Written correspondence at the time of Weiler’s separation from Meyer Darragh indicated that Meyer Darragh would receive two-thirds of the attorneys’ fees arising out of the Eazor Litigation, and Weiler would retain one- third of the fees. In an earlier decision in this case, the Pennsylvania Supreme Court held Meyer Darragh, as predecessor counsel, was not entitled to breach of contract damages against successor counsel, the Law Firm of Malone Middleman, P.C., where a contract regarding counsel fees did not exist between the two firms. The Supreme Court granted discretionary review nunc pro tunc to determine whether Meyer Darragh was entitled to damages in quantum meruit against Malone Middleman, where the trial court initially held such damages were recoverable, but the Superior Court reversed. After review, the Supreme Court reversed the Superior Court and remanded to the trial court for reinstatement of its award of damages in quantum meruit to Meyer Darragh against Malone Middleman.