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← 347 Or. 212 - White v. Jubitz Corp.

White v. Jubitz Corp.’s Empirical Analysis

2009

Citation profile

28
cited by 28 later decisions
9
states following
August 2019
most recently cited

5 district · 23 state decisions

Relationships

Applies 42 U.S.C. § 1395 (§ 1801 of the Social Security Act of 1935) · 42 U.S.C. § 1395D (§ 1812 of the Social Security Act of 1935) · 42 U.S.C. § 1395E (§ 1813 of the Social Security Act of 1935) · 42 U.S.C. § 1395I (§ 1817 of the Social Security Act of 1935) · 42 U.S.C. § 1395W (§ 1851 of the Social Security Act of 1935) · 42 U.S.C. § 1395W (§ 1848 of the Social Security Act of 1935) · 42 U.S.C. § 2651

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

  1. “"Insofar as ORS 31.710 applies to this action, we do not read its definition of economic damages to be inconsistent with the result that ORS 31.580 [the collateral source statute] permits. A plaintiff who is injured and who obtains necessary medical treatment becomes 'liable or subject to' reasonable charges for that treatment and thereby 'incurs' them. ORS 31.710 does not require that a plaintiff also pay or otherwise satisfy those charges. Whether or by what means the plaintiff or a third party satisfies medical charges is a matter between the plaintiff, the third party, and the medical providers. ORS 31.710 does not make a plaintiff's right to assert a claim for economic damages against a tortfeasor dependent on those arrangements."”
    2 later decisions quote this exact passage
  2. “The measure of recovery of a person who sues for the value of his services tortiously obtained by the defendant’s fraud or duress, or for the value of services rendered in an attempt to mitigate damages, is the reasonable exchange value of the services at the place and time.... When the plaintiff seeks to recover for expenditures made or liability incurred to third persons for services rendered, normally the amount recoverable is the reasonable value of the services rather than the amount paid or charged. If, however, the injured person paid less than the exchange rate, he can recover no more than the amount paid, except when the low rate was intended as a gift to him.”
    2 later decisions quote this exact passage · from the dissent
  3. “'[e]conomic damages' means objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services, burial and memorial expenses, loss of income and past and future impairment of earning capacity, reasonable and necessary expenses incurred for substitute domestic services, recurring loss to an estate, damage to reputation that is economically verifiable, reasonable and necessarily * incurred costs due to loss of use of property and reasonable costs incurred for repair or for replacement of damaged property, whichever is less.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.