Lehmann v. Har-Con Corp.’s Empirical Analysis

Citation profile

3 federal appellate · 519 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 528 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... we conclude that when there has not been a conventional trial on the merits, an order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally states that it finally disposes of all claims and all parties. An order that adjudicates only the plaintiffs claims against the defendant does not adjudicate a counterclaim, cross-claim, or third party claim, nor does an order adjudicating claims like the latter dispose of the plaintiffs claims. An order that disposes of claims by only one of multiple plaintiffs or against one of multiple defendants does not adjudicate claims by or against other parties. An order does not dispose of all claims and all parties merely because it is entitled “final”, or because the word “final” appears elsewhere in the order, or even beeause.it awards costs. Nor does an order completely dispose of a case merely because it states that it is appealable, since even interlocutory orders may sometimes be appealable. Rather, there must be some other clear indication that the trial court intended the order to completely dispose of the entire case. Language that the plaintiff take nothing by his claims in the case, or that the case is dismissed, shows finality if there are no other claims by other parties; but language that “plaintiff take nothing by his claims against X” when there is more than one defendant or other parties in the case does not indicate finality. To d”

   7 later decisions quote this exact passage
   e.g. Marilyn Heister v. Western Shamrock Corp. D/B/A Western Finance and Jimmy Gameson · Cantu Services, Inc. v. United Freedom Associates, Inc.

2. “[t]his judgment finally disposes of all parties and all claims and is appealable”

   5 later decisions quote this exact passage
   e.g. Briscoe v. Goodmark Corp. · Alaimo v. U.S. Bank Trust Nat'l Ass'n

3. “[W]hen there has not been a conventional trial on the merits, an order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally states that it finally disposes of all claims and all parties.”

   3 later decisions quote this exact passage
   e.g. in Re Paul & Cynthia Elizondo and Eagle Fabricators, Inc. · Van Duren v. Chife