(Download) "King v. Employers National Ins. Co." by United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free

May 20, 2021

eBook details

Title: King v. Employers National Ins. Co.
Author : United States Court of Appeals for the Fifth Circuit
Release Date : January 18, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

This case is again before us on Gayden's petition for rehearing. We grant the petition in part and modify our original opinion,
928 F.2d 1438, as outlined below. We initially concluded that in his settlement agreement with the third-party tortfeasors, Gayden waived his claims for all
attorney's fees against ENIC. On petition for rehearing, Gayden argues that he did not waive his claim for attorney's fees
on his entire recovery, but only on those fees based on ENIC's lien of $189,602.58. In its memorandum decision of October
24, 1989, the district court specifically divided Gayden's award for Moody fees into three distinct parts: (1) the past compensation
lien; (2) the discounted value of future compensation; and (3) the discounted value of future medical expenses. Moody specifically
gives Gayden a right to recover attorney's fees based on the value of future compensation benefits. Moody v. Arabie, 498 So.2d
1081, 1087 (La.1986).