Wiley v. Homfeld’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 Missouri legislature, however, disagreed with the Supreme Court’s decision in Firestone and reinstated remittitur by enacting section 537.068 in 1987. When the legislature restored the remittitur doctrine, its design was to establish equitable compensation and to eliminate, to the extent possible, the retrial of lawsuits. Firestone , therefore, is no longer instructive regarding remittitur cases, and it is disingenuous to contend that it somehow controls the resolution of this case. The Firestone opinion has been superseded by section 537.068, and we are not constitutionally bound to follow an opinion of the Missouri Supreme Court that is no longer good law. To cling to the rationale of Firestone after the doctrine of remittitur was reinstated is just illogical. Moreover, that Firestone may have disapproved of prior re-mittitur cases decided by the courts and may have wanted to overrule them sub silentio does not matter in light of the legislature’s enactment of section 537.068. Therefore, the cases interpreting remittitur prior to Firestone remain helpful in interpreting section 537.068.”

   1 later decision quote this exact passage · from the dissent
   e.g. Badahman v. Catering St. Louis