13 Ill. App. 3d 919 - Kimpling v. Canty’s Empirical Analysis
1973
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently May 2000
19 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 48 Ill. 2d 1 - Ullman v. Wolverine Insurance · 27 Ill. 2d 245 - Reno v. Maryland Casualty Co. · 15 Ill. 2d 564 - Hardwick v. Munsterman · 125 Ill. App. 2d 203 - Railkar v. Boll
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““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 dependants 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.” Ill. Rev. Stat. 1985, ch. 48, par. 138.5(b).”
2 later decisions quote this exact passage · from the majority““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““Considering the context in which it is used, the phrase ‘in the absence of other agreement’ must refer to an agreement between the employer-intervenor and the employee or his attorney. The phrase immediately precedes and explains when ‘the employer shall pay such attorney 25% of the gross amount of such reimbursement.’ 0 ° ( 13 Ill. App. 3d 919, 922 , 300 N.E.2d 839, 841 .)”
1 later decision quote this exact passage · from the majority
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.