Schafer v. Bernstein’s Empirical Analysis

Citation profile

17 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. ““a. When Entered — As to Part or All. “Where more than one claim for relief is presented in an action, whether as an original claim, counterclaim, cross-claim or third-party claim the court may direct the entry of a final judgment upon one or more but less than all of the claims only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates less than all the claims shall not terminate the action as to any of the claims, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims.””

   2 later decisions quote this exact passage · from the majority
   e.g. Coppage v. Resolute Insur. Co. · Madden v. Clouser

2. ““ ‘There was a judgment in this case which adjudicated less than all of the claims arising out of the same cause of action; however there was no express determination that there was no just reason for delay in rendering judgment.’ * * * The unresolved issue presented by the counterclaim and the failure of the lower court in rendering judgment for the appellees to make an express determination that there was no just reason for delay in rendering the judgment, brings the appeal within the teeth of Rule 605 a, which under the circumstances renders the appeal premature.””

   1 later decision quote this exact passage · from the majority
   e.g. 10 Md. App. 311 - Knight v. Tolson