Lerohl’s Empirical Analysis

Citation profile

5 district ·

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

1. “"the hiring party's right to control the manner and means by which the product is accomplished. Among the other factors relevant to this inquiry are the skill required; the source of the instrumentalities and tools; the location of the work; the duration of the relationship between the parties; whether the hiring party has the right to assign additional projects to the hired party; the extent of the hired party's discretion over when and how long to work; the method of payment; the hired party's role in hiring and paying assistants; whether the work is part of the regular business of the hiring party; whether the hiring party is in business; the provision of employee benefits; and the tax treatment of the hired party. No one of these factors is determinative."”

   2 later decisions quote this exact passage · from the majority
   e.g. 286 F. Supp. 2d 1063 - Newsom v. Anheuser-Busch Companies, Inc. · 394 F. Supp. 2d 1134 - Wojewski v. Rapid City Regional Hospital, Inc.

2. “work by independent contractors is often performed to the exacting specifications of the hiring party.”

   1 later decision quote this exact passage · from the majority
   e.g. No. 02-2187