Azada v. Carson’s Empirical Analysis

Citation profile

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

1. ““Plaintiff argues that most of the cases allowing a counterclaim, if it was not barred at the time the action was begun, involved contracts and not torts. But there seems to be no logical reason for making such a distinction. The same considerations of fair play and justice apply, whether the action is based upon contract or tort. Statutes of limitation are statutes of repose — they are designed to bar stale claims. Where, as in this case, the counterclaim arises from the same incident as the complaint, the counterclaim is no more stale than the complaint. Simple justice dictates that if the plaintiffs are given an opportunity to present a claim-for'relief based upon a particular automobile collision, the defendant should not be prevented from doing so by a mere technicality.””

   1 later decision quote this exact passage · from the majority
   e.g. Armstrong v. Logsdon