Walker v. Gerli’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The law of the case, like the principle of stare decisis, is a rule of comity or convenience. Since from its very nature, it involves the effect of orders which are interlocutory, it must be distinguished from res adjudicata. Accordingly, its effect is limited to a court of co-ordinate jurisdiction which ordinarily should not disregard an earlier decision on the same question in the same case.. .. The rule does not apply in a court which is required to review the later order on appeal and which, therefore, ought not to be concluded by an earlier decision, interlocutory in character, made by a court of subordinate jurisdiction from which no appeal was taken. [Id. at 944 (citations omitted).]”

   2 later decisions quote this exact passage
   e.g. Loveday v. State · Houghton v. County Comm'rs of Kent Co.