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← 2011 MT 165 - Touris v. Flathead County

Touris v. Flathead County’s Empirical Analysis

2011

Citation profile

43
cited by 43 later decisions
1
states following
March 2025
most recently cited

41 state decisions

Relationships

Relies on In re D.B. · Beverly Blair and Letressa Wilbon, on Behalf of Themselves and a Class of Others Similarly Situated v. Equifax Check Services, Inc. · Baltrusch v. Baltrusch · Xu v. McLaughlin Research Institute for Biomedical Science, Inc. · United States v. Northrop Corporation

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

  1. “(1) The parties or their privies are the same; (2) The subject matter of the action is the same; (3) The issues related to the subject matter are the same; and (4) The capacities of the person[s] are the same in reference to the subject matter and the issues between them.”
    2 later decisions quote this exact passage · from the majority
  2. “The doctrine of res judicata, or claim preclusion, bars re-litigation of a claim that a party has already had the opportunity to litigate. Baltrusch v. Baltrusch, 2006 MT 51, ¶ 15 , 331 Mont. 281 , 130 P.3d 1267 . Central to res judicata is the concept of finality; litigation must, at some point, come to an end. State v. Southwick, 2007 MT 257, ¶ 15 , 339 Mont. 281 , 169 P.3d 698 ; Orlando v. Prewett, 236 Mont. 478, 481 , 771 P.2d 111, 113 (1989). In addition, res judicata promotes judicial efficiency, deterring plaintiffs from splitting a single cause of action into more than one lawsuit. Baltrusch , ¶ 15.”
    1 later decision quote this exact passage · from the majority
  3. “Voluntary dismissal of an action with prejudice constitutes a final judgment on the merits.”
    1 later decision quote this exact passage · from the majority

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.