Haliburton v. Riley’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Several cases involving settlement raised problems under the rule as originally enacted. Each grew out of an automobile accident. Driver A sued Driver B. The latter’s liability insurer then took over the defense and would settle the plaintiffs claim, sometimes without the knowledge or consent of B or his personal attorney. Based on such settlement, the actions were dismissed, usually with prejudice. When Driver B later sued Driver A for damages sustained in the same collision, B’s action would be held barred by the compulsory counterclaim rule. By amendment a proviso was added to Rule 97(a) designed to ameliorate such problems. That proviso states “that a judgment based upon a settlement or compromise of a claim of one party to the transaction or occurrence prior to a disposition on the merits shall not operate as a bar to the continuation or assertion of the claims of any other party to the transaction or occurrence unless the latter has consented in writing that said judgment shall operate as a bar.””

   1 later decision quote this exact passage
   e.g. Karl Clauss v. Marianne McEwin, Independent of the Estate of Doris Emdia Bixby