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{
    "localId": "75729214",
    "label": "Memorandum, December 31, 1935",
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    "id": "75729214",
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    "contentType": "document",
    "title": "Memorandum, December 31, 1935",
    "citationUrl": "https://catalog.archives.gov/id/75729214",
    "collections": [
        "Safety Light Collection",
        "Records Related to Radium Dial Painters"
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{
    "seq": 3,
    "pageIndex": 0,
    "type": "document",
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    "ocrText": "MEMORANDUM\nDecember 31, 1935.\nAt the request of Judge Forman, Mr. Markley, representing\nthe Globe Indemnity Company; Mr. E.F. Smith, representing the New\nAmsterdam Casualty Company; and the writer, as well as Mr. Emmer-\nglick, counsel in the LaPorte case, appeared in the Judge's chambers,\non Friday afternoon, December 27th, at 2 P.M.\nThe object of the conference, as it developed, was to\nascertain the possibility of the defendant and his associates amicably\nagreeing to reimburse Mr. Emmerglick for his services in the LaPorte\nAction. It developed that the out-of-pocket money spent by Mr. Unger\namounted to approximately $850.00, and that there was a bill of approxi-\nmately $1200.00 still due Mrs. Bergen for transcript of the testimony.\nJudge Forman, however, stated that Mrs. Bergen would, in all probability,\naccept $500.00 as complete settlement of this bill.\nMr. Emmerglick made a very strong plea to have the Court award\ncounsel fees to the plaintiff's lawyer in the Order dismissing the Bill\nof Complaint. He cited references to the effect that such a procedure\nwas entirely within the legal rights of the Judge, although there was\nsome question as to their applicability in the Court where this Action\nwas tried. Mr. Markley objected to the citations, stating that for the\nmost part they were not applicable and that even if they were, the amount\nwhich could be specified would be very nominal. Judge Forman stated that\nhe had made a cursory examination of the law, and that at the moment he\nwas not satisfied whether it was in his rights to make such an allowance,\nbut that unless we could amicably agree upon some fee, he would be com-\npelled to examine the law further, as he felt very strongly that Mr. Em-\nmerglick was entitled to some compensation.\nJudge Forman further pointed out that he felt Mr. Emmerglick\nhad rendered a distinct service by presenting the case in such a work-\nmanlike manner, taking every detail into consideration, and that his\ndevelopment of the case had been of material assistance in enabling the\nCourt to come to its decision. He further stated that while he could\ngive us no assurance that his decision would virtually mean a cessation\nof all activity, still he felt that in all probability such would be the\ncase.\nThere was considerable discussion as to the amount of money which\nMr. Emmerglick should receive, but it finally came down to the Judge sug-\ngesting that Mr. Unger be paid $1500.00 to reimburse him for out-of-pocket\nmoney, as well as settle with Mrs. Bergen, and that he should not be allowed\nany counsel fees other than what he would obtain by the difference between\n$1500.00 and what monies he had to pay out. As far as Mr. Ammerglick WES\nconcerned, he felt he should have $2500.00 and trusted that we would find\na way to make this payment.\n-2-\nI took theposition that it would be very embarrassing to\npresent such a request to our Board, especially in view of the fact\nthat we were the winners, and that it would be hard to convince our\nBoard that we should pay counsel for the plaintiff, for after all,\nhad he won, he would show no mercy to us, and we would not have ex-\npected same. Judge Forman stated he could appreciate our position,\nand that under the circumstances, even though Judge Ackerson's decision\nwould seem to place no responsibility upon the Insurance Companies,\nhe felt that in this instance the Insurance Companies should contribute\nto the fund to reimburse Mr. Unger and pay Mr. Emmerglick. His sug-\ngestion was to the afect that the Insurance Companies, namely the Globe\nand New Amsterdam, should pay $1000.00 and the U.S. Radium $2000.00.\nMr. Emmerglick initially requested a fee of $75.00, but after\nthe Judge's suggestion, he stated that he would be willing to accept\n$2500.00 if this matter could be brought to a definite conclusion within\na reasonable time, and that if by received such an amount of money, he\nwould agree not to be aparty to the appeal of Judge Forman's decision;\nand furthermore, that he was serving as counsel in behalf of four other\ncomplainants, and that he would withdraw these Actions; that he was\nalso retained by counsel on behalf of other cases in which his suggestion\nwould be influential in their decision as to what course to pursue.\nJudge Forman indicated he would not sign the order until this\nmatter had been given consideration end he had some word from the In-\nsurance Companies' representatives, as well as the Corporation."
}