Legal Opinion
Bertram v. Freeport McMoran, Inc.
Court of Appeals for the Fifth Circuit
Decided October 7, 1994No. 93-07575PublishedCited by 75 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Primarily in issue are (1) whether an employer’s right to be reimbursed by third-party tortfeasors for maintenance and cure paid by the employer to its injured employee is barred by the employee’s pre-trial settlements with the third-parties; and, (2) in that the employer was not assigned fault, but the employee was, resulting in the third-party tortfeasors’ apportioned fault totalling less than 100%, whether the maintenance and cure should be reimbursed totally by the third-party tortfeasors, or whether, instead, each should reimburse only according to…
2Cases cited36 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
- Farrell v. United StatesSupreme Court of the United States · 1949
31 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Jon Anthony Jauch, Plaintiff-Appellant-Cross-Appellee v. Nautical Services, Inc., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 2006
- Lafarge Corp. v. Hartford Casualty InsuranceCourt of Appeals for the Fifth Circuit · 1995
- Johnson v. Cenac Towing, Inc.Court of Appeals for the Fifth Circuit · 2008
- Complaint of Port Arthur Towing Co. on Behalf of M/V Miss CarolynCourt of Appeals for the Fifth Circuit · 1995
- Krieser Ex Rel. Krieser v. HobbsCourt of Appeals for the Fifth Circuit · 1999
70 more not listed; retrieve them via the Exa API.