Ursini v. Sussman’s Empirical Analysis

Citation profile

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

1. “In order to determine what judgment is to be entered on a verdict in an action to recover damages for personal injury, injury to property or wrongful death under this article ... the court shall proceed as follows: (a) The court shall apply to the findings of past and future damages any applicable rules of law, including set-offs, credits, comparative negligence pursuant to section fourteen hundred eleven of this chapter, additurs, and remittiturs, in calculating the respective amounts of past and future damages claimants are entitled to recover and defendants are obligated to pay. (b) The court shall enter judgment in lump sum for past damages, for future damages not in excess of two hundred fifty thousand dollars, and for any damages, fees or costs payable in lump sum or otherwise under subdivisions (c) and (d) of this section. For the purposes of this section, any lump payment of a portion of future damages shall be deemed to include the elements of future damages in the same proportion as such elements comprise of the total award for future damages as determined by the^ trier of fact. (c) Payment of litigation expenses and that portion of the attorney’s fees related to past damages shall be payable in a lump sum. Payment of that portion of the attorney’s fees related to future damages for which, pursuant to this article, the claimant is entitled to a lump sum shall also be payable in a lump sum. Payment of that portion of the attorney’s fees related to the future periodic”

   1 later decision quote this exact passage · from the majority
   e.g. 751 F. Supp. 1052 - Frey v. Chester E. Smith & Sons, Inc.

2. “1. Deduct a proportionate share of the $250,000 lump sum payment from each element of future damages (the result is the Reduced Future Damages); 2. Reduce each element (i.e., pain and suffering, medical expenses, etc.) of Reduced Future Damages to PV using the period of years for which the award was made (which cannot exceed ten years for damages for pain and suffering); 3. Calculate the attorney’s fees based on the PV of Reduced Future Damages (i.e., PV of attorney’s fees) and deduct the proportionate amount of the PV of attorney’s fees from each element of the PV Reduced Future Damages (the result is the Remainder); 4. Divide each element of the Remainder by the period of years determined by the trier of fact (which cannot exceed ten years for damages for pain and suffering). This is the initial periodic payment; 5. Increase the periodic payment annually by 4% compounded annually for the period set by the trier of fact or a maximum of ten years, in the case, of pain and suffering; and 6. Enter judgment for the full amount of past damages, $250,000 lump sum payment of future damages, and the PV of an annuity contract which will provide for the payments described in steps 4-5.”

   1 later decision quote this exact passage · from the majority
   e.g. 920 F. Supp. 449 - Alvarez-Icaza v. Cartier, Inc.

3. ““[a]fter making any adjustment prescribed by subdivision [ ] ... (c).” Thus, as more than one court has noted, “the statute adopts a procedure that is somewhat circular_ [B]efore one can compute the attorneys’ fees it is necessary to determine the present value of the annuity contract as set forth in subdivision (e). However, subdivision (e) refers to the amount of the award after making any adjustment prescribed in subdivisions (b), (c), and (d). Were the statute to be literally interpret[ ]ed, it would not be possible to compute the attorney’s fees until the present value of the annuity contract is determined and the present value of the annuity contract cannot be determined until the attorney’s fee is calculated and deducted.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Joint Eastern & Southern Districts Asbestos Litigation