Legal Opinion

Johnson v. Ford Motor Co.

Court of Appeals for the Fifth Circuit

Decided June 16, 1983No. 81-3635PublishedCited by 10 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

This appeal poses two questions: (1) does the settlement and release of claims against the defendants in a state court action, which is silent as to the defendant in a federal court action, in matters arising out of the same accident, automatically release the defendant in the federal court proceeding, and (2) is the answer the same if minors are involved? Applying Louisiana law we answer the questions “yes” and “no,” respectively, and affirm in part, reverse in part and remand.

Facts and Procedural Background

On July 15,1978, Emerson Johnson’s 1972 Mercury Cougar was…

2Cases cited19 opinions

  1. Hoefly v. Government Employees Ins. Co.Supreme Court of Louisiana · 1982
  2. State in Interest of DinoSupreme Court of Louisiana · 1978
  3. Moak v. American Automobile Insurance CompanySupreme Court of Louisiana · 1961
  4. Kathy L. Joiner, Etc. v. Diamond M Drilling Co. And Halliburton Company, and Third-Party v. Dr. C. Babson Fresh, Third-PartyCourt of Appeals for the Third Circuit · 1982
  5. Reid v. LowdenSupreme Court of Louisiana · 1939

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3Cited by10 opinions

  1. Bouterie v. CraneSupreme Court of Louisiana · 1993
  2. Clarence L. Diggs v. Billie C. Hood, Defendants-Third Party v. Ford Motor Company, Defendant-Third PartyCourt of Appeals for the Third Circuit · 1985
  3. Cooper v. Louisiana Farm Bureau Cas. Ins. Co.Supreme Court of Louisiana · 1986
  4. Fidelity National Bank v. Aetna Casualty & Surety Co.District Court, M.D. Louisiana · 1984
  5. Corcoran v. AlonzoLouisiana Court of Appeal · 1999

5 more not listed; retrieve them via the Exa API.

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