Kaufman v. Herrman’s Empirical Analysis

Citation profile

1 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this case the settlement conclusively resolved the dispute. At the time of Benjamin's death all that remained for final judgment to obtain was for the court to approve the settlement and enter judgment. This is similar to the period between the return of a verdict and the entry of judgment .... Florida law requires court approval of all settlements involving a minor for the settlement to be effective. Fla. Stat. § 744.387 (3)(a). At the time of Benjamin's death his parents had executed an affidavit requesting court approval of the settlement but the settlement had not yet been submitted for approval. The fact that the court did not approve the settlement before Benjamin's death does not make the agreement any less binding on the government. The statute requiring court approval is designed for the protection of minors. Accordingly, only the failure of the agreement to protect the interests of the minor constitutes a legitimate basis for refusal to approve the settlement under this statute. Nor could the government rescind the agreement before it was submitted for court approval. Once an agreement to settle is reached, one party may not unilaterally repudiate it.”

   2 later decisions quote this exact passage
   e.g. Musselman v. Stanonik · In Re Seminole Walls & Ceilings Corp.

2. “[T]he settlement agreement... `had conclusively resolved the dispute;' thus, all that remained was the court's `blessing.'”

   1 later decision quote this exact passage
   e.g. In Re Seminole Walls & Ceilings Corp.