73 Or. App. 396 - McKinley v. Weidner’s Empirical Analysis

Citation profile

4 district · 9 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where the conduct of the party who seeks to enlist support of the doctrine outrages public sensibilities more than the conduct of the party against whom the doctrine is sought to be applied, courts will not support application of the rule. “Ultimately, a decision as to whether a party is in pari delicto relies on public policy considerations and not a neat calculus for determining differential fault. The fundamental concern that should guide a court in making its decision is whether the ‘public good [will be] enhanced.’ (Cite omitted.)””

   1 later decision quote this exact passage
   e.g. Waller v. Engelke

2. ““Oregon has also recognized the public policy orientation of the doctrine. In McElwee v. McElwee, 171 Or. 462 , 138 P.2d 208 (1943), the court said: “ ‘The maxim being one founded on public policy, public policy may require its relaxation. Even when the parties have been found to be in pari delicto, relief has at times been awarded on the ground that in the particular case public policy has been found to be best conserved by that course.’ 171 Or. at 467 , 138 P.2d 208 , quoting Condit v. Condit, 115 Or. 481, 482-83 , 237 P. 360 (1925).””

   1 later decision quote this exact passage
   e.g. Waller v. Engelke