Rodriguez v. Baldrich’s Empirical Analysis

Citation profile

4 federal appellate · 3 district ·

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

1. “‘(b) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence, in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, operates as an adjudication upon the merits. % sje jf: s{c ‡ :jc “Rule 41(b) is consistent with the inherent power of courts to relieve the congestion of their calendars ..., and likewise it is undoubtedly consistent with the laudable purpose of discouraging delinquent litigants or those who utilize the judicial channel to cause inconveniences to the adverse party by initiating untenable proceedings.’ ” (Emphasis in original quotation of Rule 41(b) other emphasis, ours). Id.”

   1 later decision quote this exact passage · from the majority
   e.g. Nesglo, Inc. v. Chase Manhattan Bank, N.A.

2. ““ ‘In general terms, it may be affirmed that the rule of res judicata is based on considerations of public policy and necessity: on the one hand, the interest of the State in terminating litigations in order that judicial issues may not be perpetuated, ..., and, on the other hand, the desirability of not submitting a citizen twice to the inconveniences which the litigation of the same cause entails ... In its origin it presupposed an adversative or litigious proceeding and an adjudication on the merits. However, the complexities of the modern proceeding and the increase in litigation have resulted in its extension — by statutory channels — even to decisions which have not adjudicated the controversies on its merits. (Emphasis in original).” Rodríguez v. Baldrich, 508 F.Supp. 614, 616 (D.P.R.1981). 9”

   1 later decision quote this exact passage · from the majority
   e.g. Nesglo, Inc. v. Chase Manhattan Bank, N.A.