Rojo v. Loeper Landscaping, Inc.’s Empirical Analysis
1988
Citation profile
2 federal appellate · 42 state decisions
How this case has been cited
Cited by 48 later decisions — most recently May 2017 · most notably State Ex Rel. Helman v. Gallegos (1994), Herman v. Miners' Hospital (1991)
2 federal appellate · 42 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 Woodson v. Phillips Petroleum Co. · Prudential Insurance Company of America v. Anaya · Codling v. Aztec Well Servicing Co. · State Ex Rel. State Highway Commission v. Sherman · Esquibel v. Brown Construction Company, Inc.
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The contention that a workers’ compensation agreement ... may be rescinded because the offeree died after acceptance but before payment had been approved is without support in any law to which we have been referred. By agreeing to the lump sum settlement, [the carrier] gambled that the claimant might live for the entire periodic payment period, and it thus took the risk that the lump sum settlement would reduce the total benefits that it would have had to pay if, instead, it were to continue making those periodic payments. Periodic payments admittedly, would have ceased upon the death of the claimant. But that death will not occur is also a risk taken by a carrier when it offers to settle long-term compensation payments for a lump sum in order to be released from liability for future payments. We assume that [the carrier] weighed those considerations in reaching its agreement with decedent. Although from [the carrier’s] perspective it is unfortunate that claimant died after the oral agreement had been formally executed by both parties, in the absence of mutual mistake of fact, fraud, failure to express the agreement of the parties, or material breach by the other' party, claimant’s death does not provide grounds to allow [the carrier’s] rescission of the contract.”
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.