Johnson v. Johnson’s Empirical Analysis
1986
Citation profile
3 federal appellate · 97 state decisions
How this case has been cited
Cited by 104 later decisions — most recently August 2016 · most notably Lopiano v. Lopiano (1998), 183 W. Va. 451 - Whiting v. Whiting (1990)
3 federal appellate · 97 state decisions — followed in 20 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on White v. White · Painter v. Painter · 72 N.C. App. 372 - Wade v. Wade · Wade v. Wade · Sides v. Duke University
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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he trial court must classify and identify property as marital or separate `depending upon the proof presented to the trial court of the nature' of the assets.”
4 later decisions quote this exact passage · from the concurrence“(a) Upon application of a party, the court shall determine what is the marital property and shall provide for an equitable distribution of the marital property between the parties in accordance with the provisions of this section. (b) For purposes of this section: (1) “Marital property” means all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property in accordance with subdivision (2) of this section. Marital property includes all vested pension, retirement, and other deferred compensation rights, including military pensions eligible under the federal Uniformed Services Former Spouses’ Protection Act. (2) “Separate property” means all real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift during the course of the marriage. However, property acquired by gift from the other spouse during the course of the marriage shall be considered separate property only if such an intention is stated in the conveyance. Property acquired in exchange for separate property shall remain separate property regardless of whether the title is in the name of the husband or wife or both and shall not be considered to be marital property unless a contrary intention is expressly stated in the conveyance. The increase in value of separate property and the income de”
3 later decisions quote this exact passage · from the concurrence“[generally, under the analytic approach the personal injury award may be seen as composed of three potential elements of damages: (1) those compensating the injured spouse for pain and suffering, disability, disfigurement, or lost limbs; (2) those compensating for lost wages, lost earning capacity, and medical and hospital expenses; and (3) those compensating the non-injured spouse for loss of services or loss of consortium. . . . . . . Those courts which employ the analytic approach consistently hold that the portion of an award representing compensation for non-economic loss —i.e., personal suffering and disability — is the separate property of the injured spouse; the portion of an award representing compensation for economic loss —i.e., lost wages, loss of earning capacity during the marriage, and medical and hospital expenses paid out of marital funds —is marital property.”
3 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.