Sharp v. Kosmalski’s Empirical Analysis

Citation profile

27 federal appellate · 3 district · 15 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 256 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “' "A constructive trust is the formula through which the conscience of equity finds expression. When property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee.”

   6 later decisions quote this exact passage
   e.g. Marriage of Heinzman · Dist. Attorney of N.Y. Cnty. v. Republic of the Phil.

2. “A conclusion that one has been unjustly enriched is essentially a legal inference drawn from the circumstances surrounding the transfer of property and the relationship of the parties. It is a conclusion reached through the application of principles of equity.”

   4 later decisions quote this exact passage
   e.g. C.D.S., Inc. v. Bradley Zetler, CDS LLC · Robert Brand v. Herbert Brand

3. “Even without an express promise, ... courts of equity have imposed a constructive trust upon property transferred in reliance on a confidential relationship. In such a situation, a promise may be implied or inferred from the very transaction itself.”

   4 later decisions quote this exact passage
   e.g. Jaffer v. Hirji · Robert Brand v. Herbert Brand