Olszewski v. Howell’s Empirical Analysis

Citation profile

7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . On the one hand, a plaintiff shows need for protection against the rather distasteful business of having an opposing litigant possibly use, and even misuse, motion pictures of the plaintiff, taken secretly without the plaintiff’s knowledge and consent, in a manner deliberately designed to impeach the plaintiff’s credibility and to degrade the plaintiff generally. On the other hand, a defendant demonstrates a need to protect himself against a possible exaggerated claim, and even false claim, of personal injury and shows that a premature disclosure of the impeachment evidence could result in a conscious or subconscious tailoring of the plaintiff’s case in chief to meet the challenge.””

   1 later decision quote this exact passage
   e.g. Hoey v. Hawkins

2. ““ . . . well established policy of pretrial disclosure which is based on a rationale that a trial decision should result from a disinterested search for truth from all the available evidence rather than tactical maneuvers based on the calculated manipulation of evidence and its production.””

   1 later decision quote this exact passage
   e.g. Hoey v. Hawkins

3. “[E]ven assuming the plaintiff can recall the events of the two days in question, the precise evidence which the defendant has, the film, is now unique and cannot now be reproduced.”

   1 later decision quote this exact passage
   e.g. Lee v. Richmond, Fredericksburg & Potomac Railroad