fund doctrine (Kansas) · Go Syfert
← Kansas issues

fund doctrine in Kansas

11 Kansas opinions name it 2 courts 1995–2024 2 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Gigot v. Cities Service Oil Co.green
kan · 1987 · cited in 2 Kansas opinions naming this issue, 2010–2010
2 sentences

2010See, e.g., Gigot v. Cities Service Oil Co., 241 Kan. 304, 313-14 , 737 P.2d 18 (1987).

2010See, e.g., Gigot v. Cities Service Oil Co., 241 Kan. 304, 313-14 , 737 P.2d 18 (1987).

22
cluster 360188green
ca3 · 1978 · cited in 1 Kansas opinions naming this issue, 2000–2000
1 sentence

2000Prandini v. National Tea Co., 585 F.2d 47, 53 (3d Cir. 1978).

11
Stephens v. Snyder Clinic Ass'ngreen
kan · 1981 · cited in 1 Kansas opinions naming this issue, 1995–1995
2 sentences

1995See Stephens v. Snyder Clinic Ass'n, 230 Kan. at 130 .

1995See Stephens v. Snyder Clinic Ass'n, 230 Kan. at 130 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Shain v. Boeing Military Airplanes green
kanctapp · 1996
2 sentences

1999An administrative law judge denied the Fund’s motion to dismiss and the Board dismissed the Fund’s appeal as interlocutory. 22 Kan.

1999App. 2d 913, 916 , 924 P.2d 1280 (1996) (holding that an order denying the Fund’s motion to be dismissed from the case was an appealable order subject to judicial review).

31996–1999
Young v. Mory green
illappct · 1998
2 sentences

2010The common fund doctrine was also applied in Young v. Mory, 294 Ill.

2010App. 3d 839 , 690 N.E.2d 1040 (1998), and the majority in Flynn, 312 Mont. 410 , which better express views consistent with this court’s past applications of the common fund doctrine.

22010–2010
Flynn v. State Compensation Insurance Fund green
mont · 2002
2 sentences

2010Second, the court found that the common fund doctrine “ ‘has no application here [because] Claimant is not seeking attorney fees for others who may benefit by this decision, rather he is seeking attorney fees with respect to his own entidement.’ [Citation omitted.]” Flynn, 312 Mont, at 413 .

2010Adopting this reasoning, the dissenting justice in the Montana case further noted that the common fund doctrine is “ ‘rooted in the equitable concept of quasi-contract.’ [Citations omitted.] It is applied in cases involving ‘principle^] of representation or agency.’ [Citation omitted.]” Flynn, 312 Mont, at 419 .

22010–2010
Neal v. County of Stanislaus green
calctapp · 1983
2 sentences

2010Neal, 141 Cal. App. 3d at 538 .

2010Neal 141 Cal.App.3d at 538 , 190 Cal.Rptr. 324 .

22010–2010
Kindred v. City of Omaha Employees' Retirement System green
neb · 1997
2 sentences

2010Sys., 252 Neb. 658 , 564 N.W.2d 592 (1997), the claimant sought reimbursement from the City’s retirement system under the common fund doctrine for attorney fees that he incurred in a workers compensation action after the retirement system offset those benefits from his disability retirement pension.

2010Sys., 252 Neb. 658 , 564 N.W.2d 592 (1997), the claimant sought reimbursement from the City’s retirement system under the common fund doctrine for attorney fees that he incurred in a workers compensation action after the retirement system offset those benefits from his disability retirement pension.

22010–2010
Marion Leonard v. Southwestern Bell Corporation Disability Income Plan green
ca8 · 2003
2 sentences

2010I would adopt the holdings and rationale of the courts in Leonard v. Southwestern Bell Corp. Disability, 341 F.3d 696 (8th Cir. 2003); Young v. Mory, 294 Ill.

2010In support of Robinson’s argument, she cites Leonard v. Southwestern Bell Corp. Disability, 341 F.3d 696 (8th Cir. 2003), which is representative of one line of cases.

22010–2010
Bruce v. Kelly green
kan · 2022
1 sentence

2024Bruce v. Kelly, 316 Kan. 218 , 224, 514 P.3d 1007 (2022).

12024–2024
Nauheim v. City of Topeka green
kan · 2019
2 sentences

2024Nauheim v. City of Topeka, 309 Kan. 145, 149 , 432 P.3d 647 (2019). 5 Analysis Benavidez challenges the district court's grant of the Fund's motion to dismiss his claim against the Fund.

2024Nauheim v. City of Topeka, 309 Kan. 145, 149 , 432 P.3d 647 (2019). 5 Analysis Benavidez challenges the district court's grant of the Fund's motion to dismiss his claim against the Fund.

12024–2024
Gannon v. State green
kan · 2014
2 sentences

2015Gannon v. State, 298 Kan. 1107, 1196 , 319 P.3d 1196 (2014).

2015Gannon v. State, 298 Kan. 1107, 1196 , 319 P.3d 1196 (2014).

12015–2015
Bair v. Peck green
kan · 1991
1 sentence

1997Otherwise, the legislature probably would have terminated the Fund and the requirement of mandatory liability insurance altogether; (See Minutes, Special Committee on Commercial & Financial Institutions, Sept. 14, 1988, Attachment of letter from executive director of Kansas Medical Society.) In support of this argument, the defendants cite to Bair, 248 Kan. 824 .

11997–1997

Statutes the citing opinions construe

KS § K.S.A. § 44-501 (6) KS § K.S.A. § 44-534a (4) KS § K.S.A. § 20-3018 (3) KS § K.S.A. § 44-556 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 111 (1923–2025) CA 75 (1976–2025) WA 57 (1896–2026) TX 47 (1979–2025) AZ 26 (1971–2020) NY 25 (1888–2025) FL 22 (1971–2020) MT 19 (1933–2008) MO 18 (1878–2025) OH 18 (1934–2015) PA 17 (1877–2025) NE 16 (1981–2021) OK 15 (1955–2010) AL 14 (1983–2024) TN 14 (1987–2018) AK 13 (1995–2021) NM 13 (1989–2024) DE 13 (1996–2026) WI 13 (1985–2020) KS 11 (1995–2024) NC 10 (1987–2015) ND 10 (1916–2020) MI 10 (1902–2018) CO 9 (1923–2007) IN 9 (1897–2023) OR 8 (1981–2011) MD 8 (1974–2016) VT 8 (1904–2025) LA 7 (1958–2002) SC 6 (2008–2025) NJ 5 (1956–2019) DC 5 (1977–2013) ID 5 (2001–2019) MS 4 (1896–2002) ME 3 (1997–2014) IA 3 (1995–2010) HI 3 (1982–2001) UT 3 (2008–2018) KY 3 (1909–2008) MA 3 (1982–2024) SD 2 (1983–1987) WV 2 (1969–2023) MN 2 (1977–1994) CT 2 (2001–2010) NV 2 (1990–1993) AR 2 (1991–2007) GA 2 (1997–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check