Trobaugh v. Sondag’s Empirical Analysis

Citation profile

1 federal appellate · 24 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A motion to dismiss is properly granted `only when there exists no conceivable set of facts entitling the non-moving party to relief.'”

   3 later decisions quote this exact passage
   e.g. ALLIANT ENERGY-INTERSTATE POWER v. Duckett · In Re Estate of Ranschau

2. “equitable principles against shifting responsibility for the consequences of the criminal's action; the paradoxical difficulties of awarding damages to a guilty person; theoretical and practical difficulties of proving causation; the potential undermining of the postconviction process if a legal malpractice action overrules the judgments entered in the postconviction proceedings; preserving judicial economy by avoiding relitigation of settled matters; creation of a bright line rule determining when the statute of limitations runs on the malpractice action; availability of alternative postconviction remedies; and the chilling effect on thorough defense lawyering.”

   1 later decision quote this exact passage
   e.g. Ray J. Kraklio v. Kent Simmons

3. “principles of judicial economy and comity, including the avoidance of multiple proceedings related to the same factual and procedural issues, respect for other . . . processes such as post-conviction relief, and the prevention of potentially wasteful practices such as requiring a plaintiff to file a malpractice claim which may never come to fruition”

   1 later decision quote this exact passage
   e.g. 397 N.J. Super. 265 - McKnight v. Public Defender Office