Madsen v. Borthick’s Empirical Analysis
1988
Citation profile
6 federal appellate · 6 district · 95 state decisions
How this case has been cited
Cited by 110 later decisions — most recently June 2020 · most notably University of Nevada v. Tarkanian (1994), Ong International (U.S.A.) Inc. v. 11th Avenue Corp. (1993)
6 federal appellate · 6 district · 95 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Costello v. United States · Foil v. Ballinger · Atlas Corp. v. Clovis National Bank · Searle Bros. v. Searle · 14 Utah 2d 45 - Wheadon v. Pearson
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, both cases must involve the same parties or their privies. Second, the claim that is alleged to be barred must have been presented in the first suit or must be one that could and should have been raised in the first action. Third, the first suit must have resulted in a final judgment on the merits.”
17 later decisions quote this exact passage“First, the issue in both cases must be identical. Second, the judgment must be final with respect to that issue. Third, the issue must have been fully, fairly, and competently litigated in the first action. Fourth, the party who is precluded from litigating the issue must be either a party to the first action or a privy of a party.”
5 later decisions quote this exact passage“[A] dismissal ..., other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication upon the merits.”
4 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.