Marshall v. Williams’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By thus forbidding certification of an order dismissing fewer than all of a party’s legal theories based on the same transaction, the courts leave open the possibility that the party will still be awarded relief, an event that would render unnecessary an appellate determination on the dismissal; this possibility disappears where no alternative theory for relief remains..... In addition to eliminating unnecessary appeals, [this approach] avoids appellate review of the same evidence on more than one appeal.”

   1 later decision quote this exact passage
   e.g. Davis v. Cessna Aircraft Corp.

2. “When more than one claim for relief is presented in an action, ... the court may direct the entry of final judgment as to one or more but fewer than all of the claims ... only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment____”

   1 later decision quote this exact passage
   e.g. Davis v. Cessna Aircraft Corp.