Legal Opinion
Michigan Mutual Insurance v. Smoot
District Court, E.D. Virginia
Decided December 22, 2000No. CIV.A.00-1026-APublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
LEE, District Judge.
THIS MATTER is before the Court on Defendants Wayne Davis Smoot, Sr. and Debbie Smoot’s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6). The principle issue before the Court is whether a worker/claimant in a personal injury, action is required by the Virginia Workers’ Compensation Act to reimburse the workers’ compensation carrier the amount in benefits previously paid by the carrier to the worker. Related issues are whether the worker’s retention of his personal injury award amounted to conversion of the monies to which the carrier…
2Cases cited22 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Fox v. DeeseSupreme Court of Virginia · 1987
- Feitig v. ChalkleySupreme Court of Virginia · 1946
- Leonard v. CountsSupreme Court of Virginia · 1980
- Crab Orchard Improvement Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Fourth Circuit · 1940
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3Cited by6 opinions
- McPike v. Zero-Gravity Holdings, Inc.District Court, E.D. Virginia · 2017
- Morrison v. Wells Fargo Bank, N.A.District Court, E.D. Virginia · 2014
- Henry's Wrecker Service Co. v. SmootCourt of Appeals of Virginia · 2001
- Murnan v. Stewart Title Guaranty Co.District Court, E.D. Virginia · 2008
- Virginia Municipal Group Self-Insurance v. CrawfordSalem County Circuit Court · 2004
1 more not listed; retrieve them via the Exa API.