3rd Circ. Won't Revive Atty's Counsel Fee Battle With Pa.

Law360 (March 26, 2020, 8:41 PM EDT) -- The Third Circuit refused to revive a Philadelphia attorney’s suit accusing Pennsylvania state government officials of unconstitutionally withholding counsel fees she was owed for a medical malpractice victory in state court, ruling Thursday that the public workers were insulated from the claims.

A three-judge panel held that government employee immunity applied to five officials of Pennsylvania’s Medical Care Availability and Reduction of Error Fund, or MCARE, sued by attorney Rhonda Hill Wilson, because Wilson didn’t show they violated any of her rights. Wilson’s suit stemmed from a court order that MCARE could offset her $570,361 attorney fee by the $153,591 owed...

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