Goolsby v. Derby’s Empirical Analysis
1971
Citation profile
2 federal appellate · 37 state decisions
How this case has been cited
Cited by 45 later decisions — most recently May 2014 · most notably Goodson v. McDonough Power Equipment, Inc. (1983), Hunter v. City of Des Moines (1981)
2 federal appellate · 37 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 19 Cal. 2d 807 - Bernhard v. Bank of America National Trust & Saving Association · Andrews v. Struble · Henneman v. McCalla · Stucker v. County of Muscatine · Jordan v. Stuart Creamery, Incorporated
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ * * * Once a party has had an opportunity to be heard, he has had his day in court and cannot thereafter be heard to complain, especially if it can be said he had the opportunity to be heard on decisive merits.’ ””
8 later decisions quote this exact passage““The phrase ‘defensive use’ of the doctrine of collateral estoppel is used here to mean that a stranger to the judgment, ordinarily the defendant in the second action, relies upon a former judgment as conclusively establishing in his favor an issue which he must prove as an element of his defense. “On the other hand, the phrase ‘offensive use’ or ‘affirmative use’ of the doctrine is used to mean that a stranger to the judgment, ordinarily the plaintiff in the second action, relies upon a former judgment as conclusively establishing in his favor an issue which he must prove as an essential element of his cause of action or claim. “In other words, defensively a judgment is used as a ‘shield’ and offensively as a ‘sword.’ ””
5 later decisions quote this exact passage“Courts are generally reluctant to make exception to the mutuality rule where a party is urging the offensive use of collateral estoppel to recover damages.... The courts have been more liberal with the exception to the mutuality rule where collateral estoppel is proposed for defensive purposes to bar an action. Such is the present case.”
1 later decision 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.