Green v. Bartel’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Numerous cases indicate that the question whether one by exercise of reasonable diligence should have known he had a cause of action against a defendant is one of fact which should be left to the jury. See, e.g., Rosen v. Sparber, 369 So.2d 960 (Fla. 3d DCA 1979); Walker v. Dunne, 368 So.2d 640 (Fla. 2d DCA 1979); Green v. Bartel, 365 So.2d 785 (Fla. 3d DCA 1978); Schetter v. Jordan, 294 So.2d 130 (Fla. 4th DCA 1974). In Green , the court stated: Whether the plaintiff discovered, or by due diligence should have discovered, the existence of the cause of action at some time more than two years prior to the date of the filing of her complaint was a question of fact [citations omitted] and it has been held that genuine issues relating to such questions of fact are to be determined by the trier of facts, and are not to be resolved on summary judgment.”

   2 later decisions quote this exact passage · from the majority
   e.g. 403 So. 2d 1097 - First, Etc. v. Dade Fed. Sav. & Loan Ass'n. · 679 So. 2d 875 - Brugiere v. Credit Commerciale France

2. “Whether the plaintiff discovered, or by due diligence should have discovered the existence of the cause of action ... was a question of fact ... and it has been held that genuine issues relating to such question of fact are to be determined by the trier of facts ...”

   1 later decision quote this exact passage · from the majority
   e.g. Jones v. Childers