Murphy v. Gallagher’s Empirical Analysis

Citation profile

26 federal appellate · 2 district · 2 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * ‘New York law has now reached the point where there are but two necessary requirements for the invocation of the doctrine of collateral estoppel. There must be an identity of issue which has necessarily been decided in the prior action and is decisive of the present action, and, second, there must have been a full and fair opportunity to contest the decision now said to be controlling.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Cameron v. Fogarty · Kendall v. Avon Products, Inc.

2. ““We begin by reviewing the principles governing our determination whether a § 1983 claimant will be collaterally es-topped from litigating an issue on the basis of a prior state-court judgment. Section 28 U.S.C. § 1738 generally re quires ‘federal courts to give preclusive effect to state-court judgments whenever the courts of the State from which the judgments emerged would do so.’ In federal actions including § 1983 actions, a state-court judgment will not be given collateral estoppel effect, however, where ‘the party against whom an earlier court decision is asserted did not have a full and fair opportunity to litigate the claim or issue decided by the first court.’ Moreover, additional exceptions to collateral estoppel may be warranted in § 1983 actions in light of the ‘understanding of § 1983’ that ‘the federal courts could step in where the state courts were unable or unwilling to protect federal rights.’ “The threshold question is whether under the rules of collateral estoppel applied by the Virginia courts, the judgment of conviction based upon Prosise’s guilty plea would foreclose him in a later civil action from challenging the legality of a search which had produced inculpa-tory evidence.””

   1 later decision quote this exact passage · from the majority
   e.g. Cameron v. Fogarty

3. “[ajlthough federal courts have developed legal principles that govern the application of § 10(b) and Rule 10b-5, the components of securities fraud cases — such as intent, scienter, fraud, deceit — involve issues regularly adjudicated in the state courts. Issue preclusion is fully applicable when a party has litigated these narrow issues in a state court, and later attempts to litigate them in a federal court. There generally will be a fairly precise overlap between the state and federal claims when the focus is on these narrow issues. This is a strong reason for giving a state-court decision full preclusive effect as § 1738 requires.”

   1 later decision quote this exact passage · from the majority
   e.g. 709 F. Supp. 1266 - Tobias v. First City National Bank & Trust Co.