Frenette v. Vickery’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Conn.Gen.Stat. § 52-192a states in part (b) After trial the court shall examine the record to determine whether the plaintiff made an “offer of judgment” which the defendant failed to accept. If the court ascertains from the record that the plaintiff has recovered an amount equal to or greater than the sum certain stated in his “offer of judgment”, the court shall add to the amount so recovered twelve per cent annual interest on said amount, ... In those actions commenced on or after October 1, 1981, the interest shall be computed from the date the complaint in the civil action was filed with the court if the “offer of judgment” was filed not later than eighteen months from the filing of such complaint....”

   2 later decisions quote this exact passage
   e.g. Murphy v. Marmon Group, Inc. · 52 F. Supp. 2d 333 - Hardy v. Saliva Diagnostic Systems, Inc.

2. “Conn.Gen.Stat. 52 — 192a clearly creates a substantive statutory right ... Rather than governing merely the manner and means of pursuing a claim in court, the law creates a right in all civil plaintiffs to claim interest on responsible settlement offers ... To hold otherwise would indeed frustrate the Erie goals of minimizing forum shopping ... Otherwise . . . defendants who have refused ... settlement offers prior to ... suit could avoid having to pay interest ... merely by a timely removal of the case to a federal court. Erie was aimed precisely at preventing such behavior (emphasis added).”

   1 later decision quote this exact passage
   e.g. Murphy v. Marmon Group, Inc.