DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
012883P.pdf 03/27/2002 Bobby Smith, et al. v. Chemical Leaman Tank
U.S. Court of Appeals Case No: 01-2883
Western District of Arkansas
Civil Case - diversity. District court did not abuse its
discretion in approving a settlement between employee and
tortfeasor which settled around employer's lien for recovery
of workers compensation benefits paid to employee.
Employer's motion to reconsider approval of settlement
was properly denied, as settle around doctrine was not
undercut by legislative amendments and state law upheld
settlement which settles around an employer's lien so long
as its subrogation rights are preserved.