DuBose v. Carabetta’s Empirical Analysis
1971
Citation profile
144 state decisions
How this case has been cited
Cited by 146 later decisions — most recently October 2020 · most notably S.M.S. Textile Mills, Inc. v. Brown, Jacobson, Tillinghast, Lahan & King, P.C. (1993), Scribner v. O'Brien, Inc. (1975)
144 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Antonofsky v. Goldberg · Wright v. Coe & Anderson, Inc. · Rochon v. Preferred Accident Insurance · Cummings v. General Motors Corp. · Harty v. Eagle Indemnity Co.
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 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[f]acts which are consistent with [the plaintiff's statement of fact] but show, notwithstanding, that the plaintiff has no cause of action, must be specifically pleaded. Thus, . . . payment (even though nonpayment is alleged by the plaintiff) . . . must be specially pleaded. . . .”
4 later decisions quote this exact passage“The fundamental purpose of a special defense, like other pleadings, is to apprise the court and opposing counsel of the issues to be tried, so that basic issues are not concealed until the trial is underway.”
4 later decisions quote this exact passage“Under our practice, when a defendant pleads a special defense, the burden of proof on the allegations contained therein is on the defendant.”
4 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.