Smith v. Hurd’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “it cannot be revived” language, the Restatement of Torts view, the weight of authority in other jurisdictions, and the interests of judicial economy, that if this court were to rule on the issue, it “would require exhaustion of the appellate process before commencement of a malicious prosecution action”

   1 later decision quote this exact passage
   e.g. Wong v. Cayetano

2. “If an appeal is taken, the proceedings are not terminated until the final disposition of the appeal and of any further proceedings that it may entail.”

   1 later decision quote this exact passage
   e.g. Texas Beef Cattle Co. v. Green