28 U.S.C. § 2678
Attorney fees; penalty
No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346(b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title.
Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed under this section, if recovery be had, shall be fined not more than $2,000 or imprisoned not more than one year, or both.
Notes of Decisions
Cited in 135
cases (39 in the last 5 years), 1948–2026 · leading case: Gisbrecht v. Barnhart, 535 U.S. 789 (2002).
Gisbrecht v. Barnhart, 535 U.S. 789 (2002). “, Federal Tort Claims Act (FTCA), 28 U. S. C. § 2678 ("No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any [court] judgment rendered [in an FTCA suit], or in excess of 20 per centum of any award, compromise, or…”
Roa v. Lodi Med. Grp., Inc., 695 P.2d 77 (Cal. 1985). “, 28 U.S.C. § 2678 [limit on attorney fee in actions under the Federal Tort Claims Act]; 42 U.”
Collins v. United States, 996 F.3d 102 (2d Cir. 2021). “” (internal citation and quotation marks omitted)); 28 U.S.C. § 2678 (permitting recovery of attorneys’ fees up to 20% of settlement amount); 39 C.”
Alton Godwin & Karen Godwin, His Wife v. Victor Schramm, United States of Am.. Appeal of Kenneth W. Behrend, 731 F.2d 153 (3rd Cir. 1984). “” Behrend did not inform the Godwins that because the case was now a federal tort claim action, it came under 28 U.S.C. § 2678 which limits attorney’s fees to 25 percent of a judgment or settlement.”
Cedric Johnson v. George M. Daley, & United States of Am., Intervenor-Appellant, 339 F.3d 582 (7th Cir. 2003). “28 U.S.C. § 2678 . Those legal fees are deducted from the plaintiffs recovery; the United States does not cover any part of a prevailing plaintiffs legal expenses.”
Floyd G. Wyatt Carol Wyatt v. United States, 783 F.2d 45 (6th Cir. 1986). “The “amount appropriated” equivalence came from the government’s reference to the legislative history of 28 U.S.C. § 2678 . See The Federal Tort Claims Act — a Statutory Interpretation, 35 Geo.”
In Re Abrams & Abrams, Pa, 605 F.3d 238 (4th Cir. 2010). “, 28 U.S.C. § 2678 (allowing contingency fees in suits against the United States under the Federal Tort Claims Act).”
Ursic v. Bethlehem Mines, 719 F.2d 670 (3rd Cir. 1983). “28 U.S.C. § 2678 (1976). The scale set nearly two decades ago under the Criminal Justice Act of 1964, 18 U.”
Attorney Gen. v. Johnson, 385 A.2d 57 (Md. 1978). “28 U.S.C. § 2678 (1970). The appellees offer no cogent argument why subjecting the fee to panel or court approval is facially unreasonable.”
Nazareth Gates v. John Collier, Superintendent of the Mississippi State Penitentiary, 616 F.2d 1268 (5th Cir. 1980). “984 (1948) (current version at 28 U.S.C. § 2678 (1970)); NorrisLaGuardia Act § 7, 29 U.”
Dockery v. United States, 663 F. Supp. 2d 111 (N.D.N.Y. 2009). “Attorney’s fees must be taken from any judgment or settlement and pursuant to 28 U.S.C. § 2678 are limited to twenty-five per cent (25%) of such judgment or settlement.”
In Re Comput. Learning Centers, Inc., 285 B.R. 191 (Bankr. E.D. Va. 2002). “§ 406 (b), the Federal Tort Clams Act in 28 U.S.C. § 2678 and the Veterans’ Benefits Act in 38 U.”
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