E.C. v. Katz’s Empirical Analysis
1998
Citation profile
1 federal appellate · 1 state decisions
Relationships
Relies on Trumps v. State · 656 So. 2d 906 - Department Hrs v. Bjm · 450 So. 2d 843 - TRUCKING EMP. OF N. JERSEY WELFARE FUND, INC. v. Romano · 656 So. 2d 917 - Stogniew v. McQueen · 637 So. 2d 320 - United Services Auto. Ass'n v. Selz
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.
“In 1990, E.C., the natural mother of J.K.C., petitioned for dissolution of marriage from J.K.C.'s natural father. As part of the issue of child custody, E.C. contended that J.K.C.'s natural father had sexually abused J.K.C. The family court determined that J.K.C. had not been sexually abused. In 1992, E.C., individually and as natural parent and guardian of the minor J.K.C., filed a lawsuit against Appellees for medical malpractice in failing to properly diagnose the sexual abuse committed against J.K.C. Appellees answered, raising the affirmative defense of collateral estoppel. Appellees subsequently moved for summary judgment on the basis of collateral estoppel, arguing that the finding of no sexual abuse in the dissolution proceeding barred Appellants from suing them for malpractice in failing to diagnose sexual abuse. Following a hearing, the trial court entered final summary judgment in Appellees' favor based only on its conclusion that collateral estoppel barred Appellants' lawsuit against Appellees. Appellants now appeal. The only issue they raise is that collateral estoppel could not bar their lawsuit because neither the parties nor the issues in the instant proceeding are the same as they were in the dissolution proceeding.”
1 later decision quote this exact passage · from the majority“`identity of parties is irrelevant for the application of defensive collateral estoppel.' United Servs. Auto. Ass'n v. Selz, 637 So.2d 320, 322 (Fla. 4th DCA 1994).”
1 later decision quote this exact passage · from the majority“the trial court properly determined that under the circumstances of this case, the parties need not be identical.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.