Choctaw, Inc. v. Wichner’s Empirical Analysis

Citation profile

3 federal appellate · 12 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O]ur neighbor Arkansas ... reasoned that the husband's right to such damages for loss of consortium was derivative, and that it was only logical that since the husband's cause of action was derivative he could have no better standing in court than his wife had.”

   3 later decisions quote this exact passage
   e.g. 571 So. 2d 258 - Byrd v. Matthews · 572 So. 2d 850 - McCoy v. Colonial Baking Co. Inc.

2. “Of course, the burden is on the [spouse in the consortium action] to prove that the alleged tort-feasor is guilty of negligence which directly contributed to [his or her] loss and damage, and the contributory negligence of [his or her injured] spouse would be a defense.”

   2 later decisions quote this exact passage
   e.g. 571 So. 2d 258 - Byrd v. Matthews · 572 So. 2d 850 - McCoy v. Colonial Baking Co. Inc.

3. “[t]he construction that we have placed on the ... statute has in effect been approved by the legislature.... [A] decision of this Court interpreting the statutes becomes in effect a part of the statute.”

   1 later decision quote this exact passage
   e.g. 808 So. 2d 963 - Malone v. Capital Correctional Resources, Inc.