DocketDrift

Real-time tracking of state judicial trends.

Outcomes

Public record · Human review · No verdicts asserted

Cited by

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

111 citing documents.

  • Rivet v. State, Dept. of Trans. and Dev. 680 So. 2d 1154 La. 1996
  • Gray Insurance Co. v. Salvatierra 679 So. 2d 909 La. Ct. App. 1st Cir. 1996
    SOLOCO and Gray filed an exception of no cause of action to Williams’ intervention, because La.R.S.
  • Great West Cas. Co. v. Manning 687 So. 2d 416 La. Ct. App. 1st Cir. 1996
    The following comments by the Louisiana Supreme Court explaining the principles embodied in those cases are instructive: "Implicit in the Moody v. Arabie [ ] holding is the concept that the intervenor who reaps the benefits of the plaintiff's attorney's efforts, should bear its proportionate part of a reasonable attorney's fee for those efforts."
  • Hebert v. Jeffrey 671 So. 2d 904 La. 1996
  • Callihan v. Town of Vinton 668 So. 2d 735 La. Ct. App. 3d Cir. 1996
  • Barreca v. Cobb 668 So. 2d 1129 La. 1996
    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.
  • Ventress v. Union Pacific RR Co. 666 So. 2d 1210 La. Ct. App. 4th Cir. 1996
    23:1101 B. We remand this matter to the trial court for a
  • Manuel v. Shell Oil Co. 664 So. 2d 470 La. Ct. App. 5th Cir. 1995
    Also, plaintiff contends that he is entitled to attorney fees and costs on the amount awarded to the intervenor as their proportionate share of the litigation costs
  • Degruise v. Houma Courier Newspaper Corp. 694 So. 2d 273 La. Ct. App. 1st Cir. 1995
    FACTS On August 15, 1994, Degruise filed a
  • Ellvog, Inc. v. Schnadelbach 661 So. 2d 1062 La. Ct. App. 1st Cir. 1995
    Ellvog and its counsel rely upon the Supreme Court’s decision in Moody v.' Arable
  • Barreca v. Cobb 656 So. 2d 1106 La. Ct. App. 1st Cir. 1995
    those situations could be distinguished from a strict subrogation.
  • Seymour v. Cigna Insurance Co. 653 So. 2d 649 La. Ct. App. 1st Cir. 1995
    The judge further held that CIGNA is liable for its share of the recovery costs (attorney fees and litigation costs)
  • Norris v. Goeders 652 So. 2d 144 La. Ct. App. 2d Cir. 1995
  • Rabito v. Otis Elevator Co. 648 So. 2d 18 La. Ct. App. 1st Cir. 1994
    3 As discussed previously, which contained the applicable law at the time of Ms. Rabito’s accident, an employer’s proportionate interest in the recovery is equivalent to the percentage that the amount of compensation paid or due at the time of recovery bears to the total recovery.
  • Fannin v. Louisiana Power & Light Co. 647 So. 2d 665 La. Ct. App. 1st Cir. 1994
    Intervenor, Boh Bros. Construction Company, Inc. (Boh Bros.), appeals a judgment of the trial court denying its rule to apportion attorneys’ fees and ordering a reimbursement of attorneys’
  • Moore v. Gencorp, Inc. 641 So. 2d 592 La. Ct. App. 4th Cir. 1994
    ich is assessable against each individual plaintiff, and fails to distinguish from which class of damages each such award was made; [2] It renders judgment in favor of intervenor and against plaintiffs, rather than against defendants; [3] It awards intervenor legal interest from the date of judicial demand; [4]
  • Williams v. General Motors Corp. 639 So. 2d 275 La. Ct. App. 4th Cir. 1994
  • Baton Rouge Home Health Care Corp. v. Lemoine 640 So. 2d 797 La. Ct. App. 1st Cir. 1994
    1087 (La.1986), also cited by both parties, listed the above factors and made the following comments: To qualify as a reasonable and necessary cost of recovery, however, the fee must relate to necessary services which actually benefited or augmented recovery from the third person, rather than duplicative servic
  • Rabito v. Otis Elevator Co. 633 So. 2d 368 La. Ct. App. 4th Cir. 1994
  • Cosse v. Allen-Bradley Co. 625 So. 2d 486 La. 1994
    23:1103, thereby limiting Celotex's liability for Cosse's recovery costs to one-third of Celotex's recovery for pre-judgment payments or pre-judgment damages, rather than following, as the trial judge did, for calculating the percentage of recovery costs for which an intervening employer should be liable.
  • Durham Life Ins. Co. v. Lee 625 So. 2d 706 La. Ct. App. 1st Cir. 1993
    nt to the conventional subrogation agreement contained in the Durham policy, the Lees were required to reimburse the insurer only from the "net" proceeds of the settlement with the tortfeasor (proceeds for the reimbursement of medical expenses less the attorney's fees associated with the collection of those medical expenses)
  • Melton v. General Elec. Co., Inc. 625 So. 2d 265 La. Ct. App. 4th Cir. 1993
    This Court ordered that a and AMIC's share of attorney's fees.
  • Samanie & Barnes v. Lawler 619 So. 2d 1166 La. Ct. App. 1st Cir. 1993
  • Wiedemann & Fransen, APLC v. Highlands Insurance Group 617 So. 2d 105 La. Ct. App. 1st Cir. 1993
    Wiedemann & Fransen’s claim for attorney’s
  • Broussard v. Lewis 614 So. 2d 260 La. Ct. App. 3d Cir. 1993
    Accordingly, the trial court ordered U.S. Fire to pay 20.15% of Broussard's attorney's fees and litigation costs, or $23,637.18.
  • Darbonne v. Canal Refining Co. 614 So. 2d 159 La. Ct. App. 1st Cir. 1993
  • Cosse v. Allen-Bradley Co. 612 So. 2d 286 La. Ct. App. 1st Cir. 1992
    The Louisiana Supreme Court, provided a formula to be used in calculating the percentage of fees for which an intervenor should be liable.
  • Miller v. Sauseda 611 So. 2d 831 La. Ct. App. 3d Cir. 1992
  • St. Paul Fire & Marine Ins. Co. v. Smith 609 So. 2d 809 La. 1992
    23:1103(C), regarding the apportionment of attorney's fees between the intervening employer (or insurer) and the employee.
  • Graves v. Lou Ana Foods, Inc. 604 So. 2d 150 La. Ct. App. 3d Cir. 1992
    However, and its progeny, Aetna owes Graves reimbursement for a proportional share of the trial costs expended and the attorney's fee for the prosecution of Graves's claim for damages.
  • Nicholes v. St. Helena Parish Police Jury 604 So. 2d 1023 La. Ct. App. 1st Cir. 1992
    Mr. Nicholes reconvened against Charity for a reasonable attorney fee for the services of his attorneys for prosecuting the main demands, as authority.
  • Taylor v. Production Services, Inc. 600 So. 2d 63 La. 1992
    For reasons expressed in this opinion, we amend the judgment to increase the amount of reasonable and necessary attorney's fees apportioned to the intervenor.
  • Rivet v. LeBlanc 600 So. 2d 1358 La. Ct. App. 1st Cir. 1992
    Rivet assigns as error the failure of the trial court to assess Highland with its portion of the cost of litigation, including attorney fees
  • Miller v. Louisiana Gas Service Co. 601 So. 2d 700 La. Ct. App. 5th Cir. 1992
  • JW McLAIN v. Caddo Parish School Bd. 599 So. 2d 878 La. Ct. App. 2d Cir. 1992
  • STATE, DOTD v. Williamson 597 So. 2d 439 La. 1992
  • Moore v. State for State Un. Med. Center 596 So. 2d 293 La. Ct. App. 3d Cir. 1992
    The trial court, held LSU responsible for its pro rata share of the litigation costs associated with Moore's suit against CLECO.
  • Charity Hosp. of Louisiana v. Band 593 So. 2d 1392 La. Ct. App. 4th Cir. 1992
    Next, he argues that Charity should be required to pay a contingency fee of forty percent of the bill, (La.App.
  • Wood v. State Farm Mut. Auto. Ins. Co. 591 So. 2d 1266 La. Ct. App. 3d Cir. 1991
  • Thompson v. Gray & Co. 590 So. 2d 1318 La. Ct. App. 1st Cir. 1991
    that the necessary and reasonable costs of recovery (including attorney fees) against a negligent third person should be apportioned between the injured employee and his employer (or worker's compensation carrier) according to their interests in the recovery, is applicable in cases where recovery is made wi
  • Taylor v. Production Services, Inc. of Mississippi 587 So. 2d 815 La. Ct. App. 1st Cir. 1991
    Subsequently, a judgment was signed on August 31, 1989, in which the trial court, 1 apportioned a percentage of the costs of recovery, including attorney’s fees, to Aetna.
  • Davis Oil v. Steamboat Petroleum 583 So. 2d 1139 La. 1991
    2nd Cir.1935); 1 M. Planiol, Treatise on the Civil Law No. 2497 (12th ed. La.St.L.Inst.
  • Barber v. Bozeman 577 So. 2d 180 La. Ct. App. 1st Cir. 1991
    "[W]hen an employer pays compensation to a worker who has been injured by the wrongful act of a third person, the employer and the worker become co-owners of a property right consisting of a right to recover damages from the third person."
  • Harris v. Ballanshaw 576 So. 2d 602 La. Ct. App. 4th Cir. 1991
  • Mitchell v. Clark Equipment Co. 561 So. 2d 175 La. Ct. App. 5th Cir. 1990
    which held that an employer who intervenes in its employee's third party suit is obliged to pay from its share of the recovery a part of the employee's necessary and reasonable costs of recovery, including attorney's fees.
  • Jaffarzad v. Jones Truck Lines, Inc. 561 So. 2d 144 La. Ct. App. 3d Cir. 1990
    The trial court reduced intervenors' award for reimbursement for worker's compensation benefits by 65%, and after making an equitable adjustment for the additional work and responsibility of plaintiff's attorney.
  • Denton v. Cormier 556 So. 2d 931 La. Ct. App. 3d Cir. 1990
    [1] in his calculation of the intervenor's proportionate share of the litigation expenses and attorney's fees.
  • Major v. Cotton's, Inc. 551 So. 2d 57 La. Ct. App. 1st Cir. 1989
  • Herrington v. Mayo 550 So. 2d 745 La. Ct. App. 2d Cir. 1989
    In this regard, holding that a worker's compensation carrier for the employer of the injured worker was obliged to pay a portion of the necessary and reasonable costs of recovery, out of its share of the recovery, is controlling.
  • Broussard v. Olin Corp. 546 So. 2d 1301 La. Ct. App. 3d Cir. 1989