N. Ruba

The plaintiff brought a motion under Rule 7.08 for approval of a settlement of a disability benefits claim for a person under disability.

The action settled for an all-inclusive amount of $113,553.00.

The court previously approved the settlement but reserved on the issue of plaintiff counsel's fees, directing a breakdown of the all-inclusive amount.

After reviewing the breakdown and the contingency fee agreement, the court found the 33.33% fee on the damages portion to be fair and reasonable, approving total fees and disbursements of $39,629.17.

The plaintiff, a person under disability, brought a motion under Rule 7.08 for approval of a settlement of his long-term disability claim against the defendant for an all-inclusive amount of $113,553.

The court found the settlement amount to be fair and reasonable.

However, the court adjourned the approval of the plaintiff's counsel's contingency fee, directing counsel to provide a breakdown of the all-inclusive settlement to ensure the fee was calculated only on the damages portion, as required by the retainer agreement.