Cottrell v. Duke’s Empirical Analysis

Citation profile

4 federal appellate · 5 district · 1 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[g]enerally, under Delaware law, a judgment rendered in a shareholder-derivative lawsuit will preclude subsequent litigation by the corporation and its shareholders”

   2 later decisions quote this exact passage · from the majority
   e.g. Arduini v. Hart · Lawrence Arduini v. Igt

2. “A district court’s decision to abstain pursuant to Colorado River is reviewed for an abuse of discretion. Fru-Con Constr. Corp. v. Controlled Air, Inc., 574 F.3d 527, 534 (8th Cir.2009). “Federal courts, however, have a ‘virtually unflagging ... obligation to exercise the jurisdiction given them, even when there is a pending state court action involving the same subject matter.’ ” Id. (quoting Mountain Pure, LLC v. Turner Holdings, LLC, 439 F.3d 920, 926 (8th Cir.2006)); see also Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817-18 , 96 S.Ct. 1236 , 47 L.Ed.2d 483 (1976). In keeping with this obligation, we held in Fru-Con that a district court may utilize the Colorado River doctrine only “when [1] parallel state and federal actions exist and [2] exceptional circumstances warrant abstention.” Fru-Con Constr. Corp., 574 F.3d at 534 .”

   1 later decision quote this exact passage · from the majority
   e.g. Community Voice Line, L.L.C. v. Great Lakes Communication Corp.

3. “The pendency of a state claim based on the same general facts or subject matter as a'' federal claim and involving the same parties is not alone sufficient. Rather, a substantial similarity must exist between the state and federal proceedings, which similarity occurs when there is a substantial likelihood that the state proceeding will fully dispose of the claims presented in the federal court. This analysis focuses on matters as they currently exist, not as they could be modified. Moreover,' in keeping with the Supreme Court’s charge to abstain in limited instances only, jurisdiction must be exercised if there is any doubt as to the parallel nature of the state and federal proceedings.”

   1 later decision quote this exact passage · from the majority
   e.g. 129 F. Supp. 3d 654 - Central Iowa Water Ass'n v. City of Dubuque