Schell v. Walker’s Empirical Analysis

Citation profile

4 federal appellate · 15 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`In deciding who are parties for the purpose of determining the conclusiveness of prior judgments, the courts look beyond the nominal parties, and treat all those whose interests are involved in the litigation and who conduct and control the action or defense as real parties, and hold them concluded by any judgment that may be rendered.'”

   3 later decisions quote this exact passage
   e.g. Matter of Guardianship of Janke · Merchants State Bank v. Light

2. “constitute[s] an absolute bar against the prosecution, not only of every claim or demand therein in controversy, but also of all other admissible matters that might have been offered to sustain or defeat such claims or demands.”

   2 later decisions quote this exact passage
   e.g. Weddell v. Weber · Cochrun v. Solem

3. “While res judicata prevents the reliti-gation of an issue of ultimate fact actually litigated or which could have been properly raised and determined therein, collateral estoppel only prevents the relit-igation of issues actually litigated and determined in the prior proceeding.”

   1 later decision quote this exact passage
   e.g. Matter of Estate of Nelson