Kleinman v. Chapnick’s Empirical Analysis

Citation profile

2 district · 9 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. “[T]he prior pending action doctrine permits the court to dismiss a second case that raises issues currently pending before the court. The pendency of a prior suit of the same character, between the same parties, brought to obtain the same end or object, is, at common law, good cause for abatement. It is so, because there cannot be any reason or necessity for bringing the second, and, therefore, it must be oppressive and vexatious. This is a rule of justice and equity, generally applicable, and always, where the two suits are virtually alike, and in the same jurisdiction.... The policy behind the doctrine is to prevent unnecessary litigation that places a burden on crowded court dockets.... "[T]he trial court must determine in the first instance whether the two actions are: (1) exactly alike, i.e., for the same matter, cause and thing, or seeking the same remedy, and in the same jurisdiction; (2) virtually alike, i.e., brought to adjudicate the same underlying rights of the parties, but perhaps seeking different remedies; or (3) insufficiently similar to warrant the doctrine's application. In order to determine whether the actions are virtually alike, we must examine the pleadings ... to ascertain whether the actions are brought to adjudicate the same underlying rights of the parties.... The trial court's conclusion on the similarities between the cases is subject to our plenary review.”

   1 later decision quote this exact passage · from the majority
   e.g. 188 Conn. App. 714 - A1Z7, LLC v. Dombek

2. “[W]e conclude that the trial court must determine in the first instance whether the two actions are: (1) exactly alike, i.e. , for the same matter, cause and thing, or seeking the same remedy, and in the same jurisdiction ; (2) virtually alike, i.e. , brought to adjudicate the same underlying rights of the parties, but perhaps seeking different remedies; or (3) insufficiently similar to warrant the doctrine's application.”

   1 later decision quote this exact passage · from the majority
   e.g. Ferrara v. Ryen Munro & Tripping Gnome Farm, LLC