Legal Opinion
Clarence L. Diggs v. Billie C. Hood, Defendants-Third Party v. Ford Motor Company, Defendant-Third Party
Court of Appeals for the Third Circuit
Decided October 4, 1985No. 84-4809PublishedCited by 41 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The issue before us is whether, under Louisiana law, one of two joint tortfeasors who compromises the claim against him and receives a release in which the injured plaintiff reserves his rights against the nonsettling tortfeasor has a cause of action against that joint tortfeasor on the basis of contribution, indemnity, subrogation, or unjust enrichment. We conclude that, under Louisiana’s code articles relative to comparative negligence, a judgment against the unreleased tortfeasor would be reduced in proportion to the fault attributed to the released tortfeasor…
2Cases cited17 opinions
- Watson v. State Farm Fire and Cas. Ins. Co.Supreme Court of Louisiana · 1985
- Weber v. Fidelity & Casualty Insurance Co. of NYSupreme Court of Louisiana · 1971
- Minyard v. Curtis Products, Inc.Supreme Court of Louisiana · 1967
- Bell v. Jet Wheel Blast, Div. of Ervin IndustriesSupreme Court of Louisiana · 1985
- Harvey v. Travelers Insurance CompanyLouisiana Court of Appeal · 1964
12 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Self v. Great Lakes Dredge & Dock Co.Court of Appeals for the Eleventh Circuit · 1987
- Dwayne E. Nance, and Fireman's Fund Insurance Company, Intervenor-Appellee v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1987
- Liberty Mutual Insurance v. Pine Bluff Sand & Gravel Co.Court of Appeals for the Fifth Circuit · 1996
- Wilbert J. Sheets, Cross-Appellee v. Yamaha Motors Corp., U.S.A., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1988
- Threlkeld v. Haskins Law FirmCourt of Appeals for the Fifth Circuit · 1991
36 more not listed; retrieve them via the Exa API.