Kirschbaum v. . Eschmann’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 48 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is quite incredible that plaintiff should have had no knowledge concerning the termination of his lawsuit, and equally inconceivable that, after the lapse of two years, he-should neither have received nor sought information on this subject. Furthermore, the-matters alleged were largely of record, and means of information concerning their existence was within the control of plaintiff,, and the truthfulness of the allegations a subject of convenient and ready determination. Under such circumstances, it. was not permitted to him to make a bald and unexplained' denial of any knowledge or information. A party may not thus deny the possessioñ of knowledge or information which presumably he has; neither may he purposely turn his-head and close his eyes and ears for the purpose of avoiding knowledge and information, and of enabling him to make a denial thereof.””

   1 later decision quote this exact passage
   e.g. Lloyd Sabaudo Societa Anonime Per Azioni v. Elting