Thomas v. Sheehan’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) A release is a contract, and its validity is governed by the usual rules relating to contract; (2) A release may be set aside for mutual mistake of a material past or present fact, and the one who seeks that relief has the burden of proof; (3) There is a definite trend toward granting relief liberally where the injured party has released a claim under the false impression he was fully informed as to the nature and extent of his injuries; (4) In determining if there was mutual mistake we consider whether the settlement amount was based on an item-by-item computation or was a lump sum payment for the damages sustained; whether the question of liability was compromised as part of the settlement; and whether the amount paid was so inadequate as to indicate the matter of settling future or unknown damages was not within the contemplation of the parties; (5) It is the manifest intent of the parties, not the particular language used, which controls; and (6) An agreement to compromise unknown injuries and future damages is valid and enforceable if the parties intended that result at the time the settlement agreement was made.”

   1 later decision quote this exact passage
   e.g. Stetzel v. Dickenson