Bankcard Systems, Inc. v. Miller/Overfelt, Inc.’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 2 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if: (1) At the time the action was commenced the claim was the subject of another pending action; or (2) The opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under § 15-6-13; or (3) If the claim is not one over which the court would have jurisdiction if brought as an original action.”

   1 later decision quote this exact passage
   e.g. Waldner v. North American Truck & Trailer, Inc.

2. “When the facts which would support a defense to the original claim would also support a counterclaim, the two arise from the same transaction.”). .”

   1 later decision quote this exact passage
   e.g. First Community Credit Union v. Levison