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← 44 OHIOST2D 128 - Herrick v. Kosydar

Herrick v. Kosydar’s Empirical Analysis

1975

Citation profile

75
cited by 75 later decisions
3
states following
December 2023
most recently cited

73 state decisions

How this case has been cited

Cited by 75 later decisions — most recently December 2023 · most notably Fairview General Hospital v. Fletcher (1992), 154 Ohio App. 3d 471 - Landskroner v. Landskroner (2003)

73 state decisions

240197519801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Burger Brewing Co. v. Liquor Control Commission · Driscoll v. Austintown Associates · 134 Ohio St. 511 - Schaefer v. First National Bank · 152 Ohio St. 287 - American Life & Accident Ins. v. Jones · 141 Ohio St. 489 - Radaszewski v. Keating

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

  1. “[A]n action in declaratory judgment is clearly a superior remedy for plaintiffs. The plaintiffs' claim is based solely upon the constitutionality of R.C. 145.56 and 3307.71, and it is well established that an administrative agency is without jurisdiction to determine the constitutional validity of a statute. * * * Thus, administrative proceedings in this case would be futile preludes to the assertion of plaintiffs' actual claim in a later appeal to the courts. Administrative proceedings could not provide or even consider the relief sought by these plaintiffs. * * * Further, the present action is a class action, brought on behalf of an estimated 40,000 claimants. Administrative remedies would require each of those claimants to file a separate refund application, a requirement which can hardly be considered an equally serviceable alternative to a single declaratory judgment action.”
    3 later decisions quote this exact passage · from the majority
  2. “(1) that a real controversy between adverse parties exists; (2) which is justiciable in character; (3) and that speedy relief is necessary to the preservation of rights which may be otherwise impaired or lost.”
    3 later decisions quote this exact passage · from the majority
  3. “declare rights, status, and other legal relations whether or not further relief is or 3 SUPREME COURT OF OHIO could be claimed,”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.