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

1. “[a] judge is not bound to follow the decisions of another judge made at an earlier stage of the proceedings, and if the same point is again raised he has the same point is again raised he has the same right to reconsider the question as if he had himself made the original decision. . . . This principle has been frequently applied to an earlier ruling during the pleading stage of the case. . . . According to the generally accepted view, one judge may, in a proper case, vacate, modify or depart from an interlocutory order or ruling of another judge in the same case, upon a question of law.”

   5 later decisions quote this exact passage
   e.g. Topazio v. Cornerstone of Eagle Hill, No. Cv 970137269 S (Aug. 30, 2000) · Mehler v. Stanley, No. Cv97-0081533s (Jul. 7, 2000)

2. “[w]here a matter has previously been ruled upon interlocutorily, the court in a subsequent proceeding in the case may treat that decision as the law of the case, if it is of the opinion that the issue was correctly decided, in the absence of some new or overriding circumstance.”

   3 later decisions quote this exact passage
   e.g. Yuille v. Bridgeport Hospital, No. Cv98 035 89 02 S (Nov. 20, 2000) · Jones and Associates v. Gilroy, No. Cv97-0140199s (Jul. 17, 2000)

3. “The law of the case is not written in stone but is a flexible principle of many facets adaptable to the exigencies of the different situations in which it may be invoked.”

   3 later decisions quote this exact passage
   e.g. 189 Conn. App. 281 - Levine v. Hite · Pereira v. Maresca, No. Cv00 037 80 76 (Jun. 4, 2002)