McNamara v. Feist’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, a party’s later position must be “clearly inconsistent” with its earlier position. ... Second, courts regularly inquire whether the party has succeeded in persuading a court to accept that party’s earlier position, so that judicial acceptance of an inconsistent position in a later proceeding would create “the perception that either the first or the second court was misled,” .... Absent success in a prior proceeding, a party’s later inconsistent position introduces no “risk of inconsistent court determinations,” ... and thus poses little threat to judicial integrity- A third consideration is whether the party seeking to assert an inconsistent position would derive an unfair advantage or impose an unfair detriment on the opposing party if not estopped....””

   1 later decision quote this exact passage
   e.g. Broten v. Broten

2. “A waiver occurs when a person voluntarily and intentionally relinquishes a known right or privilege.”

   1 later decision quote this exact passage
   e.g. Wachter Development, Inc. v. Martin