Cited by

Opinions in Louisiana that cite Moody v. Arabie, 498 So. 2d 1081.

111 citing documents.

James K Fawvor v. Edmund E. Caswell, III. La. Ct. App. 3d Cir. 2022
Robert Lapoint v. Commerce & Industry Insurance Company and Stephens Tps, Inc. La. Ct. App. 3d Cir. 2021
Hunter v. Town of Richwood 273 So. 3d 560 La. Ct. App. 2d Cir. 2019
The Moody fee, which derives its name from Moody v. Arabie , (La.
Distinguished In re Interdiction Hoge 256 So. 3d 458 La. Ct. App. 2d Cir. 2018
Terrell Talbot v. Mouton Plumbing and Hauling, Inc. La. Ct. App. 3d Cir. 2018
They further assert that when calculating the amount of the “buy back” a plaintiff’s attorney’s (La.
Terrell Talbot v. Mouton Plumbing and Hauling, Inc. La. Ct. App. 3d Cir. 2018
They further assert that when calculating the amount of the “buy back” a plaintiff’s attorney’s (La.
Talbot v. Mouton Plumbing & Hauling, Inc. 244 So. 3d 1235 La. Ct. App. 1st Cir. 2018
They further assert that when calculating the amount of the "buy back" a plaintiff's attorney's fees are limited to one-third of the settlement based on the criteria enunciated in Moody v. Arabie , (La.
Tubbs v. Daryl Flood Relocation, Inc. 210 So. 3d 847 La. Ct. App. 2d Cir. 2016
Olson v. Olson 196 So. 3d 19 La. Ct. App. 2d Cir. 2016
Penton v. Castellano 169 So. 3d 739 La. Ct. App. 2d Cir. 2015
According to the jurisprudence, the employer who pays benefits to an injured employee and the employee are “co-owners of a property right consisting of a right to recover damages from the third person.” St.
St. Tammany Parish School Board v. Bullinger 168 So. 3d 493 La. Ct. App. 1st Cir. 2014
Doyle Oliver, Et Ux. v. Tokio Marine and Fire Ins. Co., Ltd La. Ct. App. 3d Cir. 2013
Oliver v. Tokio Marine & Nichido Fire Ins. Co. 112 So. 3d 978 La. Ct. App. 1st Cir. 2013
In doing so, the court considered - , and the relationship between Moody and La.R.S.
Amanda Carpenter v. Shelter Mutual Insurance Co. La. Ct. App. 3d Cir. 2013
In her petition, Ms. Carpenter sought a summary judgment reducing Shelter Mutual’s
Brown v. State Farm Mutual Automobile Insurance Co. 93 So. 3d 697 La. Ct. App. 2d Cir. 2012
In a letter dated August 18, 2009, plaintiffs counsel informed State Farm that he would protect State Farm’s subro-gation claim and receive a 40 but that he did not represent State Farm.
Amanda Carpenter v. Shelter Mutual Insurance Co. La. Ct. App. 3d Cir. 2011
The subrogation issue in a workers’
Paul Latiolais v. Bellsouth Telecommunications, Inc. La. Ct. App. 3d Cir. 2011
where the supreme court held that as co-owners of a property right, a cause of action against 8 a third-party tortfeasor, the employer and worker are each obligated to contribute proportionately to the maintenance and conservation of the right and set forth t
Latiolais v. Bellsouth Telecommunications, Inc. 74 So. 3d 872 La. Ct. App. 1st Cir. 2011
where the supreme court held that as co-owners of a property right, a cause of action against a |9third-party tortfeasor, the employer and worker are each obligated to contribute proportionately to the maintenance and conservation of the right and set forth the calculation for determining each party’s contr
Kenly v. Fuller 69 So. 3d 1285 La. Ct. App. 2d Cir. 2011
In RE INTERDICTION OF DeMARCO 38 So. 3d 417 La. Ct. App. 1st Cir. 2010
Raymond v. Video Inspection Services, Inc. 16 So. 3d 439 La. Ct. App. 1st Cir. 2009
See, as adopted and codified by La.
Clk Company, LLC v. Cxy Energy, Inc. La. Ct. App. 3d Cir. 2007
CLK COMPANY, LLC v. CXY Energy, Inc. 972 So. 2d 1280 La. Ct. App. 3d Cir. 2007
& Dev., 01-961 (La.11/28/01), (
Sampognaro v. Sampognaro 952 So. 2d 775 La. Ct. App. 2d Cir. 2007
City of Alexandria v. Lafayette Surgical Hospital, LLC La. Ct. App. 3d Cir. 2007
2/28/96), the 29 Louisiana Supreme Court pronounced: 30 this court stated that 31 when an employer pays worker’s compensation to its employee who has 32 been injured by the wrongful act of a third person, the employer and the 33 employee become co-owners of a property right consisting of the right 34 to recover damages from the th
City of Alexandria v. Lafayette Surgical Hospital, L.L.C. 953 So. 2d 1019 La. Ct. App. 1st Cir. 2007
In Barreca v. Cobb, 95-1651, p. 4 (La.2/28/96), , the Louisiana Supreme Court pronounced: this court stated that when an employer pays worker’s compensation to its employee who has been injured by the wrongful act of a third person, the employer and the employee become co-owners of a property right consisting of the right to recover damages from the third person.
Johnson v. Orleans Parish School Bd. 932 So. 2d 687 La. Ct. App. 4th Cir. 2006
However, that claim form is not found in the record before us. [2] (La.
Tommie's Novelty v. Velasco 923 So. 2d 936 La. Ct. App. 2d Cir. 2006
The attorney’s fees and costs awarded in this workers’ compensation action are commonly referred to as “Moody Fees” and now codified in La.
Tolbird v. Wyble 892 So. 2d 103 La. Ct. App. 2d Cir. 2004
The parties have stipulated to the amount of the employer's intervention, and we conclude that Great American is entitled to recover that amount, from the tortfeasor and her liability carrier.
Murray v. German Mut. Ins. Co. 856 So. 2d 81 La. Ct. App. 2d Cir. 2003
Rather, in support of her claim that her attorney fees should come out of the jury award and the remainder then provided to State Farm in subrogation
Burns v. Apache Corp. 853 So. 2d 708 La. Ct. App. 2d Cir. 2003
to more precisely allocate between the claimant and the employer the cost of recovery from a tortfeasor and is directed at compensation benefits already paid to the claimant.
Fleniken v. Safeway Transp., Inc. 859 So. 2d 50 La. Ct. App. 1st Cir. 2003
[2] The label "Moody fees" (La.
Schroth v. Seminole Supermarket, Inc. 829 So. 2d 597 La. Ct. App. 5th Cir. 2002
Acts by a sole co-owner, if useful to all, are ratified as a
Brown v. Grabert 818 So. 2d 872 La. Ct. App. 1st Cir. 2002
Degruise v. Houma Courier Newspaper Corp. 815 So. 2d 1074 La. Ct. App. 1st Cir. 2002
the supreme court recognized that the workers' compensation law was silent on the subject of who was obliged to pay the costs of litigation or recovery against the third person.
City of Baton Rouge v. Goudeau 803 So. 2d 1130 La. Ct. App. 1st Cir. 2001
2 Subsequently, Mr. Campo filed a as adopted and confirmed by La.
Corbello v. Iowa Production 806 So. 2d 32 La. Ct. App. 3d Cir. 2001
Rivet v. STATE, DOTD 800 So. 2d 777 La. 2001
Albert K. Newlin, Inc. v. Morris 782 So. 2d 1116 La. Ct. App. 3d Cir. 2001
Brumfield v. Coastal Cargo Co., Inc. 768 So. 2d 634 La. Ct. App. 4th Cir. 2000
Further, any award of attorney's fees should be assessed as a
Deville v. South Central Industries, Inc. 764 So. 2d 335 La. Ct. App. 1st Cir. 2000
In classifying this case as a "Moody fee scenario,"
Bloomer v. LOUISIANA WORKERS'COMPENSATION 767 So. 2d 712 La. Ct. App. 1st Cir. 2000
[1] , Plaintiff sought from and was *714 denied by Defendant a pro rata share of recovery costs.
Taylor v. Taylor 739 So. 2d 256 La. Ct. App. 1st Cir. 1999
Gumpert v. Pittman Const. Co., Inc. 736 So. 2d 1026 La. Ct. App. 4th Cir. 1999
Hampton v. Marino 725 So. 2d 503 La. Ct. App. 1st Cir. 1998
Allstate Indemnity Co. v. Knighten 705 So. 2d 240 La. Ct. App. 2d Cir. 1997
*244 Knighten alternatively requests that a portion of the $10,000 be awarded to him as attorney’s fees, as a proportionate share of the reasonable and necessary costs of obtaining third-party recovery
Legros v. Westlake Polymers Corp. 704 So. 2d 876 La. Ct. App. 1st Cir. 1997
Also in Porter, this court held that the workers’ compensation carrier that had intervened in the employee’s action against an alleged third-party tortfeasor was not entitled to participate in the jury trial of the employee’s main demand or to present evidence to the trial judge outside the jury’s presence.
Hedgcoth v. City of St. Martinville 696 So. 2d 236 La. Ct. App. 1st Cir. 1997
Porter v. Saia Motor Freight Line, Inc. 692 So. 2d 1197 La. Ct. App. 1st Cir. 1997
In support of this assertion, Lumbermens’ for the proposition that the supreme court, in recognizing the obligation of a co-owner to contribute to the litigation expenses, also recognized the right of the co-owner to define the extent and character of his participation in the presentation of the third-party tort action.
Degruise v. Houma Courier Newspaper Corp. 683 So. 2d 689 La. 1996
23:1102, 1103 requesting that Federated, as intervenor and worker' compensation carrier, be held liable for a proportionate share of the costs, including attorney fees, incurred by him in his action against Federated, as the UM insurer.