Thompson v. Goetzmann’s Empirical Analysis

Citation profile

22 federal appellate · 4 district · 2 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(2) Medicare secondary payer (A) In general Payment under this subchapter may not be made, except as provided in subparagraph (B), with respect to any item or service to the extent that- (i) payment has been made, or can reasonably be expected to be made, with respect to the item or service as required under paragraph (1), or (ii) payment has been made or can reasonably be expected to be made under a workmen's compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance. In this subsection, the term "primary plan" means a group health plan or large group health plan, to the extent that clause (i) applies, and a workmen's compensation law or plan, an automobile or liability insurance policy or plan (including a self-insured plan) or no fault insurance, to the extent that clause (ii) applies. An entity that engages in a business, trade, or profession shall be deemed to have a self-insured plan if it carries its own risk (whether by a failure to obtain insurance, or otherwise) in whole or in part.”

   3 later decisions quote this exact passage · from the majority
   e.g. Humana, Inc. v. Shrader & Assocs., LLP · United States v. Baxter International, Inc.

2. “[W]e reiterate that the courts are not in the business of amending legislation. If the plain language of the MSP statute produces the legislatively unintended result claimed by the government, the government's complaint should be addressed to Congress, not to the courts, for such revision as Congress may deem warranted, if any.”

   2 later decisions quote this exact passage · from the majority
   e.g. Texas v. United States · Olden v. Corp

3. “a plan under which an individual, or a private or governmental entity, carries its own risk instead of taking out insurance with a carrier.” 42 C.F.R. § 411.50 (b). In Goetzmann, the Fifth Circuit emphasized that even under this definition, a tortfeasor would have to be a”

   2 later decisions quote this exact passage · from the majority
   e.g. Bio-Medical Applications of Tennessee, Inc. v. Central States Southeast & Southwest Areas Health & Welfare Fund · Brown v. Thompson