68 Or. App. 276 - Universal Ideas Corp. v. Esty’s Empirical Analysis

Citation profile

2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to determine whether the parties received a full and fair opportunity to litígate, we make a particularized examination of the prior action. The investigation involves a policy judgment balancing the interests of an individual litigant against the interests of the administration of justice, and we decide where the balance is to be struck in any given case. If actual unfairness will result, collateral estoppel should not be applied.”

   1 later decision quote this exact passage
   e.g. Schlenkerman v. Goldbronn (In Re Goldbronn)

2. “'[t]he estoppel doctrine * * * is premised upon an underlying confidence that the result achieved in the initial litigation was substantially correct. In the absence of appellate review, or of similar procedures, such confidence is often unwarranted.'”

   1 later decision quote this exact passage
   e.g. 295 Or. App. 370 - State v. Manwiller

3. “party against whom preclusion is sought could not, as a matter of law, have obtained review of the judgment in the initial action”

   1 later decision quote this exact passage
   e.g. 295 Or. App. 370 - State v. Manwiller