Luther v. Lander’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]e must disregard harmless errors that have no substantial effect on the rights of parties or on the outcome of the case.”

   2 later decisions quote this exact passage
   e.g. Amy S. v. State, Department of Health & Social Services, Office of Children's Services · Dena M. v. Department of Health & Social Services, Office of Children's Services

2. “When an insurer pays expenses on behalf of an insured it is subrogated to the insured's claim. The insurer effectively receives an assignment of its expenditure by operation of law and contract. If the insurer does not object, the insured may include the subrogated claim in its claim against a third-party tortfeasor. Any proceeds recovered must be paid to the insurer, less pro rata costs and fees incurred by the insured in prosecuting and collecting the claim. But the subrogated claim belongs to the insurer. The insurer may pursue a direct action against the tortfeasor, discount and settle its claim, or determine that the claim should not be pursued.”

   1 later decision quote this exact passage
   e.g. Weston v. AKHappytime, LLC

3. “[j]ust as photographic evidence and testimony about the lack of serious damage to Luther's and Lander's vehicles [were] relevant as potentially reflecting the severity of the accident, so too is the amount of medical payments,”

   1 later decision quote this exact passage
   e.g. Weston v. AKHappytime, LLC