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Jewel VAUGHN, III v. DIS-TRAN STEEL, LLC

Louisiana Supreme Court2018-05-09No. NO. 2018–C–396
241 So. 3d 998

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

GENOVESE, Justice, dissents in part.

I agree with the majoritys denial of this writ; however, I dissent only to the extent that I would award attorney fees to the plaintiff. In workers compensation cases, an increase in attorney fees is awarded on appeal when the defendant appeals, obtains no relief, and the appeal has necessitated more work on the part of the plaintiffs attorney, provided that the plaintiff requests such an increase. McKelvey v. City of Dequincy , 07-604, pp. 11-12 (La.App. 3 Cir. 11/14/07), 970 So.2d 682, 689 ; Pitcher v. Hydro-Kem Services, Inc. , 551 So.2d 736, 740 (La.App. 1 Cir.1989), writ denied , 553 So.2d 466 (La.1989). On appellate review, the plaintiff must answer the appeal to be awarded attorney fees; however, this matter is a writ application rather an appeal. There is no set procedure for seeking attorney fees when successfully defending against a writ filed in this Court. Here, the plaintiff, in his opposition to defendants writ application before this Court, has sought attorney fees for work done in this matter and, in my view, should be awarded same. La. C.C.Pr. art. 2164.