153 N.C. App. 254 - Holden v. Boone’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he judge shall determine, in his discretion, the amount, if any, of the employer’s lien, whether based on accrued or prospective workers’ compensation benefits, and the amount of cost of the third-party litigation to be shared between the employee and employer. The judge shall consider [1] the anticipated amount of prospective compensation the employer or workers’ compensation carrier is likely to pay to the employee in the future, [2] the net recovery to plaintiff, [3] the likelihood of the plaintiff prevailing at trial or on appeal, [4] the need for finality in the litigation, and [5] any other factors the court deems just and reasonable[.]”

   1 later decision quote this exact passage
   e.g. 188 N.C. App. 518 - Estate of Bullock v. C.C. Mangum Co.

2. “[t]he judge shall consider the anticipated amount of prospective compensation the employer or workers’ compensation carrier is likely to pay to the employee in the future, the net recovery to plaintiff, the likelihood of the plaintiff prevailing at trial or on appeal, the need for finality in the litigation, and any other factors the court deems just and reasonable, in determining the appropriate amount of the employer’s lien.”

   1 later decision quote this exact passage
   e.g. 200 N.C. App. 420 - Alston v. Federal Express Corp.