Kostick v. Swain’s Empirical Analysis

Citation profile

3 federal appellate · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

   2 later decisions quote this exact passage
   e.g. 59 Cal. 2d 97 - Casey v. Proctor · Morta v. Korea Insurance

2. “There does not appear to be any principle of public policy which, in the absence of fraud or duress, would forbid parties who are laboring under no disability from releasing for a consideration all claims arising from a particular accident, whether the injuries be known or unknown.... Other things being equal, it would seem to be merely a question of intent, and this, if sufficiently expressed, should be conclusive.... [S]ection 1542 does not attempt to limit the right.... [W]e ... place our decision on the ground that the clear intention of the parties was to compromise and release all claims, known or unknown, growing out of the accident; ...”

   1 later decision quote this exact passage
   e.g. 59 Cal. 2d 97 - Casey v. Proctor

3. “[i]t appears to be the rule that where the parties ... expressly and intentionally settle for unknown injuries the release given by the claimant is incontestible”

   1 later decision quote this exact passage
   e.g. Morta v. Korea Insurance