17 Ark. App. 214 - Orintas v. Meadows’s Empirical Analysis

Citation profile

4 federal appellate · 12 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Next, the appellant argues that, although Indiana law should be applied to the division of the settlement proceeds, under Ark. Stat. Ann. Section 81-1340 (Repl. 1976) [now codified as Ark. Code Ann. § 11-9-410 ], attorneys fees are included under reasonable costs of collection. Therefore, his 35% attorney fee should be deducted from the entire $50,000 settlement before the proceeds are divided between the parties. In Burt v. Hartford Accident & Indemnity Co., 252 Ark. 1236 , 483 S.W.2d 218 (1972), the court refused to allow the employee’s attorney fee to be considered costs of collection under Ark. Stat. Ann. Section 81-1340. Citing Winfrey & Carlile v. Nickles, 223 Ark. 894 , 270 S.W.2d 923 (1954), the court in Burt stated that, in the usual situation, the question of an allowance of fees to the employee’s attorney as part of the costs of collection would not likely arise, because the intervening carrier would either retain the employee’s counsel for a fee mutually agreed upon or the employer would employ another attorney of his own choice. Under these circumstances, the court would simply apportion the recovery, leaving each to pay his own attorney. 252 Ark. at 1240-1 ; Nickles, 223 Ark. at 900 . Accord, St Paul-Mercury Indemnity Co. v. Lanza, 131 F. Supp. 684 (W.D. Ark. 1955); Phillips v. Morton Frozen Foods, 313 F. Supp. 228 (E.D. Ark. 1970). In the case at bar, Bendix Corporation employed its own attorney to pursue the estate of the third-party tortfeasor, and in view of”

   1 later decision quote this exact passage
   e.g. Hatten v. Little Rock Dodge

2. “We do not agree that we are bound by Indiana law. Carroll v. Lanza, 349 U.S. 408, 412 (1955), stated that “the Full Faith and Credit Clause does not require a State to substitute for its own statute, applicable to persons or events within it, the statute of another State reflecting a conflicting and opposed policy.””

   1 later decision quote this exact passage
   e.g. 79 Ark. App. 423 - Southern Farm Bureau Casualty Insurance v. Craven