Norberg v. Norberg’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Was the issue decided in the prior adjudication identical to the one presented in the action in question?; (2) Was there a final judgment on the merits?; (3) Was the party against whom the plea is asserted a party or in privity with a party to the prior adjudication?; and (4) Was the party against whom the plea is asserted given a fair opportunity to be heard on the issue?”

   1 later decision quote this exact passage
   e.g. Great Plains Royalty Corporation v. Earl Schwartz Company

2. “[C]ollateral estoppel, or issue preclusion, generally forecloses the relitigation, in a second action based on a different claim, of particular issues of either fact or law which were, or by logical and necessary implication must have been, litigated and determined in the prior suit.”

   1 later decision quote this exact passage
   e.g. Great Plains Royalty Corporation v. Earl Schwartz Company

3. “[T]he first step is to determine whether 'identical factual allegations' are at stake in the two proceedings, and then to ascertain whether the facts were 'necessarily decided.'”

   1 later decision quote this exact passage
   e.g. Great Plains Royalty Corporation v. Earl Schwartz Company