Lowery v. Atterbury’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We cite federal cases only to the extent that we find them instructive and not as binding precedent.”

   2 later decisions quote this exact passage
   e.g. Cates v. Regents of the New Mexico Institute of Mining & Technology · Cates v. REGENTS NMIM & T

2. “In the instant case, we are not convinced that the trial court considered any alternative sanctions to that of dismissal. At the time that he dismissed the action, the trial judge stated “[tjoday was the day set for either the tendering of the [settlement] agreement of the parties or the trial of the matter. I’m prepared for one or the other. But that’s all I’m prepared for.” The trial judge did not consider Lowery’s explanation for being unprepared, nor did he inquire into the amount of time that Lowery would need to prepare for trial. In addition, he did not consider that the parties made diligent efforts to settle this matter. Further, he did not consider that the dismissal would be a windfall for the defendants, who also were unprepared for trial.”

   1 later decision quote this exact passage
   e.g. Universal Constructors, Inc. v. Fielder

3. “Our reliance on the methodology developed in the federal courts, however, should not be interpreted as an indication that we have adopted federal law as our own. Our analysis of this claim is based on New Mexico statute and our interpretation of our legislature’s intent, and, by this opinion, we are not binding New Mexico law to interpretations made by the federal courts of the federal statute.”

   1 later decision quote this exact passage
   e.g. Martinez v. Yellow Freight System, Inc.