Zambrano’s Empirical Analysis

Citation profile

3 district ·

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. “fully decided the issue of jurisdiction, and that judgment has now become final.”

   2 later decisions quote this exact passage · from the majority
   e.g. Peter D. Fischel Gerald M. Geiger Philip J. Havlicek Edgar C. Chua v. Equitable Life Assurance Society of the United States, a New York Corporation, Peter D. Fischel Gerald M. Geiger Philip J. Havlicek Edgar C. Chua, Herbert Adelman Walter Fleischer Malakoff, Doyle & Finberg, P.C. Dennis J. Woodruff v. Equitable Life Assurance Society of the United States, a New York Corporation · Fischel

2. “traditional notions of issue and claim preclusion,”

   2 later decisions quote this exact passage · from the majority
   e.g. Peter D. Fischel Gerald M. Geiger Philip J. Havlicek Edgar C. Chua v. Equitable Life Assurance Society of the United States, a New York Corporation, Peter D. Fischel Gerald M. Geiger Philip J. Havlicek Edgar C. Chua, Herbert Adelman Walter Fleischer Malakoff, Doyle & Finberg, P.C. Dennis J. Woodruff v. Equitable Life Assurance Society of the United States, a New York Corporation · Fischel

3. “Plaintiffs argue that ... by retroactively repealing § 377 Congress vested the district court with jurisdiction and the court can therefore award fees. However, for this argument to prevail, Congress would have to undo a final judgment of this court. This cannot be done. “Having achieved finality ... a judicial decision becomes the last word of the judicial department with regard to a particular case or controversy, and Congress may not declare by retroactive legislation that the law applicable to that very case was something other than what the courts said it was.””

   1 later decision quote this exact passage · from the majority
   e.g. 268 F. Supp. 2d 1172 - Catholic Social Services, Inc. v. Ashcroft