Bennett v. Kisluk’s Empirical Analysis
1991
Citation profile
2 federal appellate · 2 district · 34 state decisions
How this case has been cited
Cited by 41 later decisions — most recently January 2015 · most notably City of Sunland Park v. MacIas (2003), Gutierrez v. Sundancer Indian Jewelry, Inc. (1993)
2 federal appellate · 2 district · 34 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 Harrison v. Lucero · Mortgage Inv. Co. of El Paso v. Griego · National Old Line Insurance v. Brown · Smith Construction Co. v. Knights of Columbus, Council 1226 · Vidal v. American General Companies
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]hile the nature of the claim to attorney fees is related substantially enough to [the attorney's] efforts to effect the settlement and to his discharge without cause so as to have given rise to a compulsory counterclaim for malpractice to a complaint for collection of professional fees, we are hesitant to accord res judicata effect to all issues and claims that might have been raised in response to a motion for fees.”
3 later decisions quote this exact passage“Under these circumstances, the language of the release cannot be said, upon a motion for summary judgment, to be a universal accord and satisfaction. From both the overt manifestations of agreement and the states of mind of the parties it can be inferred that the parties did not intend a universal accord and satisfaction. Under SCRA 1986, 11-301 (rule of evidence regarding presumptions in general in civil actions), these inferences are to be weighed by the trier of fact against the presumption [that the parties intended a complete settlement of their respective claims]____ • Accordingly, we reverse and remand for trial, including the factual issue whether the parties intended a universal accord and satisfaction.”
1 later decision quote this exact passage“An “opposing party” must be one who asserts a claim against the prospective counterclaimant in the first instance. Here, we hold that [the attorney], by virtue of his motion for fees, was not in the adversarial relationship with [the former client] that would trigger the compulsory counterclaim rule and its attendant res judicata effect.”
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.