Barnes v. Matzner’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The doctrine of res judicata serves as claim preclusion to prevent relitigation of an issue actually litigated or which could have been properly raised and determined in a prior action. For purposes of res judicata, a cause of action is comprised of the facts which give rise to, or establish, the right a party seeks to enforce.... [T]he test is a query into whether the wrong sought to be redressed is the same in both actions. Res judicata, which embodies the concepts of merger and bar, is therefore broader than the issue preclusion of collateral estoppel. Res judicata bars an attempt to reliti-gate a prior determined cause of action by the parties, or one of the parties in privity, to a party in the earlier suit. Res judicata is premised upon two maxims: A person should not be twice vexed for the same cause and public policy is best served when litigation has a repose. These maxims are served when the parties have had a fair opportunity to place their claims in the prior litigation.”

   2 later decisions quote this exact passage · from the majority
   e.g. Link v. L.S.I., Inc. · MacK v. Trautner

2. “`Subject matter jurisdiction is the power of a court to act such that without subject matter jurisdiction any resulting judgment or order is void.'”

   1 later decision quote this exact passage · from the majority
   e.g. Wells v. Wells