Thickman v. Schunk’s Empirical Analysis

Citation profile

1 district · 13 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Seaboard Surety case has not been followed, nor should it be. One of the primary aims of the federal rules has been the elimination of procedural differences between actions that historically were brought ‘at law,’ and those initiated ‘in equity.’ Summary procedures to abort nonmeritorious litigation and avoid unnecessary expense and delay are important in equitable as well as legal actions. Thus if there really is no ‘genuine issue of material fact,’ the court should have the power to terminate the litigation on a summary judgment motion, rather than engage in a potentially costly trial. This particularly is true in light of the availability of modern discovery techniques, which, according to Rule 56(c) and Rule 56(e), can be used by litigants to obtain and present the information necessary to convince a judge of the propriety of granting or denying summary judgment. “The availability of summary judgment in equitable actions also clearly is indicated by Rules 1 and 2, which establish the policy in favor of the expeditious completion of litigation and effect the unification of law and equity, as well as the original Advisory Committee Note to Rule 56, which stated that ‘this rule is applicable to all actions’ (emphasis added). Accordingly, there is no justification for differentiating between actions at law and suits in equity.””

   2 later decisions quote this exact passage · from the majority
   e.g. 370 F. Supp. 715 - Holmes v. Government of the Virgin Islands · Hyatt Bros., Inc. Ex Rel. Hyatt v. Hyatt

2. “"* * * In evaluating the interest of a partner hereunder no consideration shall be given to his interest in the accounts receivable, nor shall he have any interest therein if such partner is withdrawing or is expelled and engages in the practice of medicine in Sheridan County, Wyoming, within one year following his termination of interest in this partnership * * *."”

   1 later decision quote this exact passage · from the majority
   e.g. Thickman v. Schunk

3. “"* * * There was no evidence that defendant notified plaintiffs of a desire to exercise the right to carry on the business and since this was not done either prior to appellants' attempted recisions or the filing of the complaint, the relationship was not such that the invoking of the jurisdiction of the court to act was improper."”

   1 later decision quote this exact passage · from the majority
   e.g. Thickman v. Schunk