Joshua McKelton v. Joseph E. Bruno’s Empirical Analysis

Citation profile

5 federal appellate ·

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Finally, in assessing a litigant's ability to bear the costs of a lawsuit, the courts must pay some attention to the nature of the particular litigation. In many General Sessions cases there is not a large amount of money at stake. This is especially so in landlord-tenant actions, where the issue being litigated, the tenant's right to remain in his home, will often be of great personal, but of little monetary, value. Although he has a valid defense to the landlord's action, a tenant who is barely able to make ends meet, and for whom a victory would not bring a large monetary judgment, might well decide not to defend or appeal if he were forced to pay all court costs. All courts must be careful lest the financial burdens of litigation preclude the poor from litigating meritorious issues.”

   1 later decision quote this exact passage · from the majority
   e.g. William T. Bell and Margie Bell v. Tsintolas Realty Company, James Coates v. Ruppert Real Estate, Inc.

2. “* * * We cannot agree with the court below that one must be absolutely destitute to enjoy the benefit of the statute. We think an affidavit is sufficient which states that one cannot because of his poverty `pay or give security for the costs . . . and still be able to provide' himself and dependents `with the necessities of life.' * * *”

   1 later decision quote this exact passage · from the majority
   e.g. William T. Bell and Margie Bell v. Tsintolas Realty Company, James Coates v. Ruppert Real Estate, Inc.