Lee v. State’s Empirical Analysis

Citation profile

4 district · 13 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f a claimant presents proof of proper mailing-timely sent, correctly addressed, and postage paid-and the public entity denies receipt, it is for the factfinder to determine if the claim was in fact received within the statutory deadline.”

   2 later decisions quote this exact passage
   e.g. Leibel v. City of Buckeye · Lee v. State

2. “Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.”

   1 later decision quote this exact passage · from the dissent
   e.g. Beynon v. TREZZA

3. “We have long recognized what is best termed a “mail delivery rule” This common law rule has two components: one a presumption, and one a rule regarding the sufficiency of evidence. Under the mail delivery rule, there is a presumption that a “letter properly addressed, stamped and deposited in the United States mail will reach the addressee” That is, proof of the fact of mailing will, absent any contrary evidence, establish that delivery occurred. If, however, the addressee denies receipt, the presumption of delivery disappears, but the fact of mailing still has evidentiary force. The denial of receipt creates an issue of fact that the factfinder must resolve to determine if delivery actually occurred.”

   1 later decision quote this exact passage
   e.g. M-11 Ltd. Partnership v. Gommard