Bernstein v. Olian’s Empirical Analysis

Citation profile

5 federal appellate · 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is asserted, however, that the verdict must be set aside and a new trial ordered because the jury’s inculpation of the landlord is inconsistent with its exoneration of the tenant. In the following discussion I shall assume that there is such inconsistency. The question is whether that compels the setting aside of the verdict. “Defendant has cited much New York law holding that such inconsistency is fatal. * * * “However, the question as to whether the verdict should be set aside and a new trial granted is one to be determined by federal rather than by state law. Rule 59, Federal 'Rules of Civil Procedure”.”

   1 later decision quote this exact passage · from the majority
   e.g. Hartman v. White Motor Co.

2. ““This charge was given without objection on the part of either of the defendants ____ To move for a new trial on the basis of inconsistency of the verdict when an unobjected to instruction permitted the alleged inconsistency, falls within the prohibition of Rule 51.””

   1 later decision quote this exact passage · from the majority
   e.g. Merchant v. Ruhle