Powell v. Breslin’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the parties in the current litigation are the same or in privity with those in prior litigation; (2) the second suit concerns the same cause of action or claim as the first; and (3) “in the first suit, there must have been a valid final judgment on the merits by a court of competent jurisdiction.””

   4 later decisions quote this exact passage
   e.g. Jackson v. State · Bank of New York Mellon v. Georg

2. “"We will find an abuse of discretion when the ruling is clearly against the logic and effect of facts and inferences before the court, when the decision is clearly untenable, unfairly depriving a litigant of a substantial right and denying a just result, when the ruling is violative of fact and logic, or when it constitutes an untenable judicial act that defies reason and works an injustice.''”

   2 later decisions quote this exact passage
   e.g. Dabbs v. Anne Arundel Cnty. · Mobuary v. State

3. ““Judge Allison’s grant of summary judgment in Powell I was a final judgment on the merits at the time it was entered and, therefore, was conclusive as to the matters decided in that case, as well as to ‘all matters which with propriety could have been litigated in the first suit.’””

   1 later decision quote this exact passage
   e.g. 226 Md. App. 224 - Smalls v. Maryland State Department of Education