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Metallica's Mosh Pit Liability (II)
Highest Court Court of Appeals of Indiana
Year Ended 2007
Plaintiffs Concert Attendee(s)
Defendants Lawyer(s)
Other Business Entity of Artist(s)
Metallica
Miller Brewing
Music Promoter(s)
Music Proprietor(s)
Security Service(s)
Sports Organization(s)
Talent Agent(s)
Short Description Plaintiff in the underlying lawsuit was a concert attendee, personally injured in the mosh pit of a Metallica concert, who sued the band, the venue, and others in Ohio more than five years earlier (see "Metallica's Mosh Pit Liability (I)"). In the lawsuit, the Plaintiffs' lawyers, seeking to litigate outside their licensed jurisdiction, sought local counsel to aid in litigation. After the case was apparently settled, the Plaintiffs' original lawyers seem not to have reimbursed their local associated counsel, since the latter sued the former for nonpayment of legal fees, asking them to provide security for an attorney fee lien on the proceeds of the settlements. However, while case law supports the entrance of an attorney fee lien, it does not justify requiring security (in the form of a posted bond paid out-of-pocket), and thus the original lawyers will not be required to do so. Had the action been filed prior to settlement, perhaps a prospective lien could have ensured payment to the local counsel, but given the facts in the instant case, it would not be appropriate. The trial court's order requiring the posting of a bond was reversed. - LSW

Legal Issues
Alternative Dispute Resolution Settlements Judicial Enforcement
Contracts Breach Payment & Performance
Property Personal Property Security Interests, Garnishment & Levies
Torts Negligence Personal & Emotional Injury


Opinions Adams ex rel. Adams v. Sand Creek, Inc.
860 N.E.2d 898
Court of Appeals of Indiana , January 31, 2007 ( No. 29A02-0607-CV-607 )


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Related Searches Parties
Business Entity of Artist(s) ( Other )
Concert Attendee(s) ( Plaintiff )
Lawyer(s) ( Defendant )
Metallica ( Other )
Miller Brewing ( Other )
Music Promoter(s) ( Other )
Music Proprietor(s) ( Other )
Security Service(s) ( Other )
Sports Organization(s) ( Other )
Talent Agent(s) ( Other )

Legal Issues
Alternative Dispute Resolution / Settlements / Judicial Enforcement
Contracts / Breach / Payment & Performance
Property / Personal Property / Security Interests, Garnishment & Levies
Torts / Negligence / Personal & Emotional Injury

Courts
Court of Appeals of Indiana (highest court)


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