Legal Opinion

Benton Specialties, Inc. v. Cajun Well Service, Inc.

Louisiana Court of Appeal

Decided February 10, 2010No. 09-506PublishedCited by 4 opinions

1Opinion of the Court

CHATELAIN,* Judge Pro Tempore.

| ,This concursus proceeding involves the disbursement of funds recovered by a *1157workers’ compensation insurer via intervention in the third-party tort litigation of its insured’s employee. The insured employer appeals the trial court’s award of the concursus funds to the insurer and denial of its request for sanctions and award of attorney fees against insurer’s counsel. For the following reasons, the judgment of the trial court is reversed in part, affirmed in part, and rendered.

Facts and Procedural Background

In 1995, Cajun Well Service, Inc. (Cajun) contracted…

Also in this document: Dissent.

2Cases cited8 opinions

  1. Grasser Contracting Co. v. City of New OrleansLouisiana Court of Appeal · 1927
  2. Sims v. Mulhearn Funeral Home, Inc.Supreme Court of Louisiana · 2007
  3. Cheairs v. State Ex Rel. DOTDSupreme Court of Louisiana · 2003
  4. Peterson v. SchimekSupreme Court of Louisiana · 1999
  5. CLK COMPANY, LLC v. CXY Energy, Inc.Louisiana Court of Appeal · 2007

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3Cited by4 opinions

  1. Labarre v. Occidental Chem. Co.Louisiana Court of Appeal · 2018
  2. Heitman v. Christus Health CentralLouisiana Court of Appeal · 2010
  3. Benton Specialties, Inc. v. Cajun Well Service, Inc.Louisiana Court of Appeal · 2010
  4. Jeannie Heitman v. Christus Health Central D/B/A Christus St. Francis Cabrini HospitalLouisiana Court of Appeal · 2010

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