Aetna Can’t See Lawyer Fee Contract in Disability Benefit Suit

Aetna Life Insurance Co. can’t force a woman who sued the company for disability benefits to turn over her lawyers’ fee agreement, a federal judge ruled.

Ona Smith’s agreement with her attorney at McKennon Law Group is relevant to the question of how much Aetna should have to pay toward her attorneys’ fees, Magistrate Judge William V. Gallo of the U.S. District Court for the Southern District of California said. But—"regrettably"—Gallo declined to order Smith to turn over this agreement, saying his hands were tied by the Ninth Circuit.

The Ninth Circuit has held “unequivocally” that courts can’t rely on ...