Legal Opinion · Concurrence

St. Tammany Parish School Board v. Bullinger

Louisiana Court of Appeal

Decided December 23, 2014No. Nos. 2014 CA 0940, 2014 CA 0941Published

1Concurrence

McClendon, j.,

concurs.

hi agree that a remand is necessary to determine whether attorney fees are appropriate under Moody v. Arabie, 498 So.2d 1081 (La.1986). An award is appropriate if the underlying claimed fees by Mayfield’s counsel benefitted or augmented the common right of recovery from the third party. City of Baton Rouge v. Goudeau, 00-2440 (La.App. 1 Cir. 12/28/01), 803 So.2d 1130, 1134. However, such an award is not appropriate if the work was merely duplicative or beneficial to only one party, such as the mere monitoring of proceedings. City of Baton Rouge, 803 So.2d at 1134 (citing…

2Cases cited2 opinions

  1. Moody v. ArabieSupreme Court of Louisiana · 1986
  2. City of Baton Rouge v. GoudeauLouisiana Court of Appeal · 2001

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