Narrative Opinion Summary
Justice Genovese dissents in part regarding the denial of a writ, agreeing with the majority's decision but advocating for the award of attorney fees to the plaintiff. In workers' compensation cases, attorney fees may be increased on appeal if the defendant appeals without obtaining relief, necessitating additional work from the plaintiff's attorney, provided the plaintiff requests such an increase, as established in McKelvey v. City of Dequincy and Pitcher v. Hydro-Kem Services, Inc. While a plaintiff typically must answer an appeal to receive attorney fees, this case involves a writ application, for which no established procedure exists for seeking fees after successfully defending against it. Justice Genovese notes that the plaintiff requested attorney fees in their opposition to the defendant's writ application and believes they should be granted under La. C.C.Pr. art. 2164.
Legal Issues Addressed
Attorney Fees in Workers' Compensation Casessubscribe to see similar legal issues
Application: In workers' compensation cases, attorney fees can be increased on appeal if the defendant appeals without obtaining relief, necessitating additional work from the plaintiff's attorney.
Reasoning: In workers' compensation cases, attorney fees may be increased on appeal if the defendant appeals without obtaining relief, necessitating additional work from the plaintiff's attorney, provided the plaintiff requests such an increase, as established in McKelvey v. City of Dequincy and Pitcher v. Hydro-Kem Services, Inc.
Award of Attorney Fees under La. C.C.Pr. art. 2164subscribe to see similar legal issues
Application: Justice Genovese argues that attorney fees should be awarded under La. C.C.Pr. art. 2164 when requested in opposition to a writ application.
Reasoning: Justice Genovese notes that the plaintiff requested attorney fees in their opposition to the defendant's writ application and believes they should be granted under La. C.C.Pr. art. 2164.
Procedure for Attorney Fees in Writ Applicationssubscribe to see similar legal issues
Application: There is no established procedure for seeking attorney fees after successfully defending against a writ application, as opposed to an appeal, where the plaintiff typically must answer to receive fees.
Reasoning: While a plaintiff typically must answer an appeal to receive attorney fees, this case involves a writ application, for which no established procedure exists for seeking fees after successfully defending against it.