Ankney v. Franch’s Empirical Analysis
1995
Citation profile
2 district · 14 state decisions
How this case has been cited
Cited by 16 later decisions — most recently September 2018
2 district · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Flaherty v. Weinberg · Tracey v. Tracey · Radman v. Harold · Simmons v. State · State Department of Health v. Walker
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The [insurer’s] rights in the claim against the third party are only those derived through the employee. Pursuant to general principles of subrogation law, therefore, if an injured employee settles the claim and releases the third party tort-feasor from liability, the [insurer’s] ability to pursue the claim against the tort-feasor is extinguished. Thus, a de minimis settlement between the employee and the tort-feasor could prejudice the [insurer’s] interest by depriving the [insurer] of its ability to obtain reimbursement equal to the full value of the third party claim.... Therefore, an employee should notify the ... insurer when making a claim against a third party and when contemplating any settlement, especially when the settlement is substantially below the amount of workers’ compensation benefits paid or payable by the ... insurer.... “[A]n unauthorized third-party settlement does not, in itself, constitute grounds for the termination” of benefits. Rather, ... the [insurer] is entitled to reimbursement from the proceeds of the settlement as the statute provides.... See LE 9-902(e). Additionally, ... if the [insurer] can establish that it has been prejudiced by the settlement, i.e., because the reasonable dollar value of the third party claim might have been significantly greater than the amount of the actual unauthorized settlement and the settlement was less than the workers’ compensation benefits, then the [insurer] is also entitled to a credit for the amount of the p”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.