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Moores v. Greenberg 

United States Court of Appeals for the First Circuit
834 F.2d 1105 (1987)


Facts

Ralph Moores, Jr. (plaintiff) was a longshoreman who was injured on the job and collected worker’s compensation benefits. After Moores collected his benefits, he hired attorney Nathan Greenberg (defendant) and brought a third-party liability suit against the owners of the ship. Moores and Greenberg agreed that Greenberg would be paid a contingency fee of one-third of the amount of any judgment or settlement. Although the case was ongoing, the ship owners offered to settle the case for $70,000 and then later for $90,000. Greenberg did not relay the settlement offers to Moores for consideration. Moores and Greenberg lost the suit against the ship owners. Moores sued Greenberg for malpractice. Moores claimed that he would have accepted the $90,000 settlement offer if Greenberg had presented it to him. Moores won the malpractice suit, and a jury awarded Moores $12,000. Greenberg appealed and contested the court’s denial of his motion for a directed verdict. Greenberg argued that the evidence Moores presented was insufficient to support liability.

Rule of Law

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Issue

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Holding and Reasoning (Selya, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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