Denny v. Mathieu’s Empirical Analysis

Citation profile

29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““What does the rule mean when it says that a dismissal with prejudice operates as an adjudication on the merits? We conclude that such dismissal actually adjudicates nothing. What it really does, and what is intended by the rule, is that the dismissal with prejudice serves as a mechanism for the termination of litigation rather than adjudication of the issues therein involved . To the extent that Max v. Spaeth may be authority for the proposition that a dismissal with prejudice amounts to an adjudication on the merits equivalent in ef- feet to a jury verdict, it no longer should be followed.” (emphasis added)”

   3 later decisions quote this exact passage
   e.g. Muza v. Missouri Department of Social Services · Rice v. Taylor-Morley-Simon, Inc.

2. ““We hold that the dismissal with prejudice by plaintiff as to defendant Rhodes did not operate as such an adjudication on the merits as to prevent her from proceeding with the case against Ma-thieu. It was not the equivalent of a jury verdict in favor of Rhodes. Pursuant to the view expressed herein that such a dismissal serves as a mechanism to terminate litigation, the dismissal, of course, would bar plaintiff from filing a new suit against Rhodes. * * *””

   1 later decision quote this exact passage
   e.g. Reese v. Preferred Risk Mutual Insurance Company

3. “an adjudication on the merits equivalent in effect to a jury verdict.”

   1 later decision quote this exact passage
   e.g. Muza v. Missouri Department of Social Services