cost defense in Louisiana

2016In Webb v. Shell Offshore Inc., 557 So.2d 276 (La.App. 4th Cir.1990), this court, citing the Meloy case, stated that “a cause of action for indemnification for cost of defense does not arise until the lawsuit is concluded and defense costs are paid.” 557 So.2d at 278 , We further stated that “Shell must assert its action for defense costs after the termination of the instant suit and may only recover if it is free of negligence or fault.” Id.

2016In Webb v. Shell Offshore Inc., 557 So.2d 276 (La.App. 4th Cir.1990), this court, citing the Meloy case, stated that “a cause of action for indemnification for cost of defense does not arise until the lawsuit is concluded and defense costs are paid.” 557 So.2d at 278 , We further stated that “Shell must assert its action for defense costs after the termination of the instant suit and may only recover if it is free of negligence or fault.” Id.

2018The supreme court has stated that, "[a]s part of the cost analysis, the physical and financial inability of a municipality to maintain its things in anything more than a reasonably safe condition has been considered by this Court as a factor in determining whether such condition creates an unreasonable risk of harm." Chambers , 85 So.3d at 600 .

2018He confirmed that there "were definitely deficiencies," but further explained that "they weren't the worst ones." The trial court's evaluation of such testimony must not be discounted, as the supreme court has stated that, "[a]s part of the cost analysis, the physical and financial inability of a municipality to maintain its things in anything more than a reasonably safe condition has been considered by this Court as a factor in determining whether such condition creates an unreasonable risk of harm." Chambers , 85 So.3d at 600 .

2016Louisiana Revised Statutes 13:843 authorizes a clerk of court to “employ an attorney at law to assist him in filing and trying said rule or rules, and the fee of the attorney employed for that purpose shall be fixed by the district judge before whom the rule is tried and shall be taxed as costs along with the cost of hearing the rule.” In Wainwright v. Moreno’s Inc., 602 So.2d 734 (La.App. 3 Cir.1992), a panel of this court found that the statute was broad enough to encompass an award of attorney fees where the clerk of court had to hire an attorney to defend a motion to reduce appeal costs.

2015Arceneaux III, supra, p. 4, 66 So.3d at 442-43 .

2008Specifically, referencing the Court giving consecutive sentences for-the Court would note that the Third Circuit did not review or go into detail with regard to the excessiveness of sentences made but one statement that the Court did not give reasons for the decision in order to render consecutively these sentences. [[Image here]] At this time pursuant to Articles 883 of our Code of Criminal Procedure, and in conjunction with the jurisprudential guidelines as directed by the Third Circuit Court of Appeal, State v. Vollm[ (La.App. 3 Cir. 10/10/2004), 887 So.2d 664 ], the Court would indicate th

2007Burns, 95-0195, 665 So.2d at 79-80 .

2001Bartels de Nunez v. Calenda Bartels, 97-1384, p. 13 (La.App. 1 Cir. 9/9/98), 727 So.2d 463, 470 .

2000In Campbell, 979 F.2d 1115 , as in the present case, an oil company had entered into separate contracts with the owner of a vessel and with the employer (a casing crew service) of an injured worker.

1996In Wagner v. McDermott, Inc., 79 F.3d 20 (5th Cir.1996), a welder was injured when he slipped and fell aboard a barge owned by the contractor engaged in the construction of an offshore platform.

1996The court allowed the recovery by the excess insurer of expenses in defending the suit, stating: By having failed to honor its contractual duty of defending the lawsuit on behalf of Gulf, Marquette became indebted unto Gulf for the cost of the defense, and Gulfs claim against Marquette passed to Maryland under the subrogation clauses of that insurer’s policy, reading thus: “In the event of any payment under this policy, the company shall be subrogated to all the insured’s Rrights of recovery therefor against any person or organization* * ⅜” Maryland, 143 So.2d at 251 .

1995Id. at 828-29 (quoting 33 U.S.C.

1995App. 1st Cir.1985) (contractor indemnified and agreed to protect, hold and save indemnitee harmless from and against all claims, demands and causes of action including the cost of defense thereof); Cannon v. Pennzoil Company, 520 So.2d 941 (La.App. 3rd Cir. 1987) (contractor agreed to indemnify, defend, protect, and hold harmless the indemnitee from any and all claims and costs including the costs of defense); Wilson V.J.

1995Ray McDermott & Company, Inc., 616 F.Supp. 1301 (E.D.La.1985) (identical provision as presently before the court). [5] Because the agreement provides for indemnification of defense expenses which we find to include attorney's fees, the district court erred in dismissing McDermott's third party demand.

1988In Fusilier v. Dixie Automobile Insurance Co., 238 So.2d 223 (La.App. 3d Cir. 1970), the excess carrier brought a claim against the primary for costs of defense to the defendant.

1987The record in this case is not sufficiently complete to allow this court to make such an award under authority of Gonzales v. The Xerox Corporation et al, 320 So.2d 163 (La.1975).

1980Bank in Monroe, 428 F.Supp. 1323 (W.D.La.1977) the court stated the following in this regard: “Consequently, it is clear that lending institutions must choose, as plaintiff argues, either to include the various expenses in the finance charge, or itemize them in detail; merely summarizing or categorizing fees and expenses is not adequate disclosure.” [Emphasis added] The loan agreement in the instant case discloses a charge of $158.00 which is listed as “Registration Fees” in (4)(e) of the cost factors.

1980If these accrued costs are not paid within ten days of the demand for payment, judgment therefor may be rendered against the party, and against the surety on any cost bond furnished by him, by rule returnable not less than two judicial days from the date of service upon the defendants in rule and the clerk may employ an attorney at law to assist him in filing and trying said rule or rules, and the fee of the attorney employed for that purpose shall be fixed by the district judge before whom the rule is tried and shall be taxed as costs along with the cost of hearing the rule.” Carter v. Philli