Cecala v. Newman’s Empirical Analysis

Citation profile

5 district · 1 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under summary judgment practice, the moving party always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,” which it believes demonstrate the absence of a genuine issue of material fact.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Rodriguez v. City of Fresno · Morales v. City of Delano

2. “at the relevant times [Cecala] actually did the ultimate thing the unsound mind exception aims to prove she could not do: pursue litigation. She prosecuted, directly and later with counsel, the Nations Bank arbitration and litigation. She conferred with counsel, researched, and prepared litigation against Newman. She now asks the court to allow a jury to find that she could not do the very thing she was doing. This defiance of plain facts and plain meaning would make foolery of the unsound mind exception.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 870 F. Supp. 2d 759 - Tavilla v. Cephalon, Inc.