Conklin v. Horner’s Empirical Analysis

Citation profile

6 federal appellate · 50 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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The defendants' claim is based upon our decision in Wilcox v. Wilcox (1965), 26 Wis.2d 617 , 133 N.W.2d 408 , where we abandoned the choice-of-law rule of lex loci delicti and adopted in its stead a more flexible methodology based upon the qualitative analysis of the contacts that one or more jurisdictions might have with the relevant facts. We adopted the general approach of Babcock v. Jackson (1963), 12 N.Y.2d 473 , 240 N.Y.S.2d 743 , 191 N.E.2d 279 , 95 A.L.R.2d 1 , and the basic principle of Tentative Draft No. 9, Restatement, Conflicts of Laws 2d, which may be denominated as the `center of gravity,' `grouping of contacts,' `dominant interest,' `interest oriented,' or `interest analysis' approach. Zelinger v. State Sand and Gravel Co., [38 Wis. 2d] 98, 156 N.W.2d 466 [1968]. We emphasized that what we adopted was not a rule, but a method of analysis that permitted dissection of the jural bundle constituting a tort and its environment to determine what elements therein were relevant to a reasonable choice of law. "When the Wilcox Case is so viewed, it is apparent that we cannot conclude that, when one set of facts leads logically to the law of the forum, the reverse, or the apparent reverse, of these facts will lead to the opposite conclusion." (Italics supplied.)”

   3 later decisions quote this exact passage
   e.g. 198 Wis. 2d 738 - Marten Transport Ltd. v. Rural Mutual Insurance · 177 W. Va. 427 - Paul v. National Life

2. ““Predictability of results; “Maintenance of interstate and international order; “Simplification of the judicial task; “Advancement of the forum’s governmental interests; “Application of the better rule of law.” Heath, supra, 35 Wis.2d at 596 , 151 N.W.2d at 672 .”

   2 later decisions quote this exact passage
   e.g. Korth v. Mueller · 47 Wis. 2d 442 - Haines v. Mid-Century Insurance

3. “unless it appears that the forum state’s policies are unaffected by using a nonforum rule, or unless the facts show that the contacts with the tort are so minimal that the use of forum law would he clearly the result of interloping chauvinism. [Emphasis added.]”

   2 later decisions quote this exact passage
   e.g. 118 Wis. 2d 113 - Gavers Ex Rel. Gavers v. Federal Life Insurance · 57 Wis. 2d 588 - Hunker v. Royal Indemnity Co.