Thomas v. Jacobs’s Empirical Analysis

Citation profile

2 district · 6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Restatement of Restitution, § 82, cmt. b (1937), permits an exception that allows contribution among co-guarantors when one co-guarantor has paid less than his or her fair share of the debt and has secured a full release from the creditor for any other co-guarantor(s). Here, plaintiff did not secure a full release for defendant. Thus, according to the exception outlined in the Restatement, plaintiff was not entitled to contribution.”

   2 later decisions quote this exact passage · from the majority
   e.g. David Kroona v. Frank Dunbar, Padun GV, LLC · BMO Harris Bank, N.A. v. European Motor Works

2. “With respect to contribution, the general rule is that one guarantor is entitled to contribution from his or her co-guarantor(s) only when he or she has discharged more than his or her proportionate share. Thus, our rule comports with the formulation set forth in “Time when Right to Contribution Arises,” Restatement of Restitution, § 82(1), which we formally adopt at this time: “A person ... is entitled to contribution from another when, and only when, he has discharged more than his proportionate share.” Because neither party in this case paid more than half the outstanding debt of more than $700,000, neither was entitled to contribution from the other party on these facts.”

   1 later decision quote this exact passage · from the majority
   e.g. David Kroona v. Frank Dunbar, Padun GV, LLC

3. “[t]he doctrine of equitable contribution is applied to prevent one of two or more guarantors from being obliged to pay more than his or her fair share of a common burden, or to prevent one guarantor from being unjustly enriched at the expense of another.”

   1 later decision quote this exact passage · from the majority
   e.g. BMO Harris Bank, N.A. v. European Motor Works