Shepherd v. Carlin’s Empirical Analysis
2004
Citation profile
14
cited by 14 later decisions
1
states following
December 2008
most recently cited
14 state decisions
Relationships
Relies on Romine v. Gagle · Spears v. Brennan · Courter v. Fugitt · Bailey v. Holliday
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.
“(a) If: (1) a recipient does not accept a qualified settlement offer; and (2) the final judgment is less favorable to the recipient than the terms of the qualified settlement offer; the court shall award attorney's fees, costs, and expenses to the offeror upon the offeror's motion. (b) An award of attorney's fees, costs, and expenses under this section must consist of attorney's fees at a rate of not more than one hundred dollars ($100) per hour and other costs and expenses incurred by the offeror after the date of the qualified offer. However, the award of attorney's fees, costs, and expenses may not total more than one thousand dollars ($1,000). (c) A motion for an award of attorney's fees, costs, and expenses under this seetion must be filed not more than thirty (30) days after entry of judgment. The motion must be accompanied by an affidavit of the offeror or the offeror's attorney establishing the amount of the attorney's fees and other costs and expenses incurred by the offeror after the date of the qualified settlement offer. The affidavit constitutes prima facie proof of the reasonableness of the amount.”
3 later decisions quote this exact passage“[a]ccording to the plain statutory language [. . .] `the trial court is required to award the attorney's fees, costs, and expenses actually incurred by the offeror.'”
3 later decisions quote this exact passage“Indiana adheres to the 'American Rule with respect to the payment of attorney fees and requires that parties pay their own attorney fees absent an agreement between the parties, statutory authority, or rule to the contrary.”
2 later decisions 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.