McKibben v. Mallory’s Empirical Analysis

Citation profile

3 federal appellate · 60 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here a statute has been repealed and substantially re-enacted by a statute which contains additions to or changes in the original statute, the re-enacted provisions are deemed to have been in operation continuously from the original enactment whereas the additions or changes are treated as amendments effective from the time the new statute goes into effect.”

   4 later decisions quote this exact passage
   e.g. State v. Carrasco · 570 So. 2d 1319 - Ziccardi v. Strother

2. “"..., our view is that when the new wrongful death act adopted by the 1972 Legislature, effective July 1, 1972, became effective, it provided a new and improved method of obtaining damages for the tortious destruction of a human life." (At 55.)”

   2 later decisions quote this exact passage
   e.g. 336 So. 2d 636 - Miller v. Highlands Insurance Company · 348 So. 2d 303 - Stern v. Miller

3. “It is the public policy of this state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.27 are remedial and shall be liberally construed.”

   2 later decisions quote this exact passage
   e.g. 433 So. 2d 565 - Bermudez v. Florida Power & Light Co. · 348 So. 2d 303 - Stern v. Miller