Johnson v. Miles’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 37 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he purpose of [present Sec. 58] is fully gratified so long as the employer or insurer is afforded an opportunity to intervene and control the conduct of the action, to the same extent as if they had instituted it, and obtain reimbursement out of any recovery.”

   3 later decisions quote this exact passage · from the majority
   e.g. Knauer v. Johns-Manville Corp. · Smith v. Bethlehem Steel Corp.

2. ““ ‘is for the benefit of the employer or insurer and the injured employee or his dependents; it is not for the benefit of the negligent third party. The statute does not create the right of action, but merely creates or preserves the right of subrogation for the benefit of the employer and employee as their interests may appear. The procedural priorities established are for the protection of those interests alone.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Bethlehem Steel Corp. · Erie Insurance Co. v. Curtis

3. ““Where the injury or death for which compensation is payable under this article was caused under circumstances creating a legal liability in some person, other than the employer, to pay damages in respect thereof, the employe or, in case of death, his personal representative or dependents as hereinbefore defined, may proceed either by law against that other person to recover damages or against the employer for compensation under this article, or in case of joint tort feasors against both; and if compensation is claimed and awarded or paid under this article any employer may enforce for the benefit of the insurance company or association carrying the risk or the State Accident Fund, or himself, as the case may be, the liability of such other person; provided, however, if damages are recovered in excess of the compensation already paid or awarded to be paid under this article, then any such excess shall be paid to the injured employe or, in case of death, to his dependents, less the employer’s expenses and costs of action.” 2”

   1 later decision quote this exact passage · from the majority
   e.g. Erie Insurance Co. v. Curtis