125 Ill. App. 2d 203 - Railkar v. Boll’s Empirical Analysis

Citation profile

17 state decisions

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Out of any reimbursement received by the employer pursuant to this Section, the employer shall pay his pro rata share of all costs and reasonably necessary expenses in connection with such third-party claim, action or suit and where the services of an attorney at law of the employee or dependents have resulted in or substantially contributed to the procurement by suit, settlement or otherwise of the proceeds out of which the employer is reimbursed, then, in the absence of other agreement, the employer shall pay such attorney 25% of the gross amount of such reimbursement.””

   2 later decisions quote this exact passage · from the majority
   e.g. 13 Ill. App. 3d 919 - Kimpling v. Canty · 68 Ill. App. 3d 396 - Vandygriff v. Commonwealth Edison Co.

2. ““the provisions of the Workmen’s Compensation Act for a 25% fee provide the only basis for recovery of plaintiffs attorney’s fees as against the employer. There was no contractual relationship between the employee *** or his attorney *** and the [employer]. The inclusion of the provision of payment by the employer of a pro-rata share of costs, together with attorney’s fees in section 5 of the Workmen’s Compensation Act as amended in 1957, constitutes the only basis of the employer’s liability to share the employee’s burden of expenditures for recovery against a third party.””

   1 later decision quote this exact passage · from the majority
   e.g. 191 Ill. 2d 326 - In Re Estate of Dierkes