Jasmin v. Gafney, Inc.’s Empirical Analysis
1978
Citation profile
2 federal appellate · 17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently February 2008
2 federal appellate · 17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Babineaux v. LeBlanc
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing. This contract must be either reduced into writing or recited in open court and capable of being transcribed from the record of the proceeding. The agreement recited in open court confers upon each of them the right of judicially enforcing its performance, although its substance may thereafter be written in a more convenient form.”
4 later decisions quote this exact passage“For Dr. Hyman Soboloff. MR. WEILL: We agree to pay that. Approximately one month later, defendants’ attorneys submitted to plaintiff a draft for $4,710.00 together with releases. Because of the discovery of medical evidence after the court appearance, plaintiff refused to accept the check and sign the accompanying documents. Defendants thereupon filed a motion to enforce settlement, which was granted. From the judgment ordering her to execute settlement documents, plaintiff has appealed. We reverse. LSA-R.S. 23:1272 sets forth the procedure for settlement in worker’s compensation cases: § 1272. Court appointed attorneys; venue; approval of compromise by court The agreement entered into between the employee or his dependents and the employer or his insurer, shall be presented to the court for its approval upon a joint petition verified by all parties thereto. The judge to whom the petition is presented shall, in every case, discuss the settlement and its terms with the employee or his dependents. When the employee or his dependents are not represented by a lawyer the petition shall be presented to the district court in the parish of the domicile or principal place of business of the defendant, or in the parish where the accident occurred, or in the parish of the domicile of the employee or his dependents, at the option of the employee or his dependents, and the judge shall appoint one to advise them relative to the proposed compromise settlement. A reasonable fee for such ser”
1 later decision quote this exact passage“L.S.A.-R.S. 23:1272 specifically provides that a workmen’s compensation compromise must be approved by the court upon a joint petition verified by all parties. Therefore, absent compliance with this procedure, there is no settlement.”
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.