Burke v. Gateway Clipper, Inc.’s Empirical Analysis

Citation profile

41 federal appellate · 12 district · 3 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There are thus at least two elements which must be considered by the district court before a determination of laches can be made other than a mere lapse of time; inexcusable delay in light of the equities of the case and prejudice to the defendant.”

   3 later decisions quote this exact passage · from the majority
   e.g. Taylor v. Taylor · Official Committee of Unsecured Creditors Metalsource Corp. v. U.S. Metalsource Corp. (In Re U.S. Metalsource Corp.)

2. “be determined merely by a reference to and a mechanical application of the statute of limitations. The equities of the parties must be considered as well. Where there has been no inexcusable delay in seeking a remedy and where no prejudice to the defendant has ensued from the mere passage of time, there should be no bar to relief. Gardner v. Panama Railroad Co., 342 U.S. 29, 31 , 72 S.Ct. 12, 13 , 96 L.Ed. 31 (1951).”

   2 later decisions quote this exact passage · from the majority
   e.g. Francis v. Pan American Trinidad Oil Company · 440 F. Supp. 828 - Hubschman v. Antilles Airboats, Inc.

3. “(a) an affirmative statement that the statutory period to bring the action was longer than it actually was, or (b) promises to make a better settlement of the claim if plaintiff did not bring suit or (c) comparable representations and conduct.”

   2 later decisions quote this exact passage · from the majority
   e.g. Keefe v. Bahama Cruise Line, Inc. · Turner v. American Dredging Co.