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← 722 P.2d 936 - Ostrow v. Higgins

Ostrow v. Higgins’s Empirical Analysis

1986

Citation profile

12
cited by 12 later decisions
3
states following
April 2020
most recently cited

11 state decisions

How this case has been cited

Cited by 12 later decisions — most recently April 2020

11 state decisions

5019861990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Mullane v. Central Hanover Bank & Trust Co. · Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70 · Lustig v. United States · Northrip v. Federal National Mortgage Ass'n · 21 Cal. 3d 268 - Garfinkle v. Superior Court

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

  1. “"[W]e agree with Ostrow that the dismissal was based on mootness and did not adjudicate the merits. "Mootness is a jurisdictional issue which does not preclude a second action on the same claim if the justiciability problem can be overcome. McCarney v. Ford Motor Co. , 657 F.2d 230 , 233 (8th Cir. 1981), citing 18 C. Wright, A Miller E. Cooper, Federal Practice and Procedure § 4436, at 344 (1981). Under Alaska Civil Rule 41(b) a dismissal for lack of jurisdiction is not an adjudication on the merits. Blake v. Gilbert , 702 P.2d 631 , 635 (Alaska 1985). "Ostrow's first lawsuit for injunctive and declaratory relief became moot simply because the foreclosure sale had already occurred. Thus, the trial court erroneously held that Ostrow could not now litigate whether she had breached her obligations and whether the T.R.O. remained effective. . . ."”
    2 later decisions quote this exact passage
  2. “the legislature presumed that the trustee followed postponement notice requirements enunciated in the deed of trust itself”
    1 later decision quote this exact passage
  3. “gives notice reasonably calculated to reach interested parties.”
    1 later decision quote this exact passage

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.