DeMarco initially filed a writ of summons in Pennsylvania state court in April 2018, followed by a complaint on May 2, 2018. He sought declaratory relief against Elliott Greenleaf, claiming his rightful share of the $41,120,000 personal injury settlement awarded to the minor, identified only as Z.G.
Elliott Greenleaf countered by filing its own complaint on May 1, 2018, seeking a declaratory judgment that it owed DeMarco nothing. The firm later included tort claims but withdrew them before the bench trial in July 2022.
Referral Fee Agreement
DeMarco, a zoning and real estate attorney, learned of the personal injury case through a personal connection. While Elliott Greenleaf considered referring the case to Saltz Mongeluzzi, a firm attorney prepared a standard contingent fee agreement and power of attorney, signed by the injured party’s brother, who was acting as the “guardian-in-fact of minor immigrant.”
Following the July 1, 2014, explosion, Elliott Greenleaf signed a referral fee agreement with Saltz Mongeluzzi on August 6, 2014. The agreement designated one-third of the legal fee for Elliott Greenleaf, or 40% if the fee equaled 40% of the settlement, and allowed the firm to stay in contact with the client.
