Doe v. Doe’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 38 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If this cause of action were permitted to continue, any party to a matrimonial action who alleged adultery would now have a separate tort action for damages for “AIDS-phobia” because unfortunately in this day and age any deviate from the marital nest could possibly result in exposure to AIDS. Certainly any claim that a spouse interacted with a prostitute would, under plaintiffs view, be grounds for damages separate from equitable distribution. Any person who had a blood transfusion within the last eight years would have to disclose this fact to their prospective or current spouse or risk a damages action for “AIDS-phobia” since such transfusion may have resulted in an exposure to the AIDS virus. The law can only be stretched so far.”

   1 later decision quote this exact passage · from the majority
   e.g. 817 F. Supp. 1382 - Doe Ex Rel. Smith v. Johnson

2. “Clearly plaintiff is trying to circumvent the dictates of equitable distribution by attempting to obtain a money judgment for acts which are the basis for her divorce action. She is attempting to obtain a division of the marital property based on fault. Division of property by degree of fault has clearly been disallowed in this state absent a showing of exceptional circumstances ... The court will not countenance this blatant attempt to avoid the dictates of the Legislature. [ Id., 519 N.Y.S. 2d at 597-598 ; citations omitted]”

   1 later decision quote this exact passage · from the majority
   e.g. 252 N.J. Super. 230 - Ruprecht v. Ruprecht