Tolliver v. Naor’s Empirical Analysis

Citation profile

1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Parties domiciled in states with identical law. The second sentence of sub-paragraph (1) provides that persons domiciled in states whose law on the particular issue of loss distribution is substantially identical should be treated as if domiciled in the same state. This legal fiction is justified by both policy and practical considerations. From a policy viewpoint, this rule is supported by the same factors as the common-domicile rule. See comment (e), supra. From a practical viewpoint, this rule will alleviate the court’s choice-of-law burden by properly identifying and resolving as ‘false conflicts’ all cases in which the victim and the tortfeasor were domiciled in states whose law on the issue of financial protection was substantially identical. This rule will also prove useful in cases involving multiple victims or multiple to7-tfeasors because it will enable the court to treat as domi-ciliarles of the same state those victims or tortfeasors ivho are domiciled in states tuith substantially identical law. (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. Wooley v. Lucksinger