Simmons v. Simmons’s Empirical Analysis

Citation profile

1 federal appellate · 19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Accordingly, we adopt the reasoning of the Utah and Arizona courts, and hold that the efficient administration of dissolution cases requires their insulation from the peculiarities of matters at law. The joinder of marriage dissolution actions with claims sounding in tort or, for instance, contract would require our trial courts to address many extraneous issues, including trial by jury, and the difference between the “amicable settlement of disputes that have arisen between parties to a marriage,” and the adversarial nature of other types of civil cases.”

   1 later decision quote this exact passage
   e.g. Ward v. Ward

2. “"[Dlivoree actions will become unduly complicated in their trial and disposition if torts can be or must be litigated in the same action. A divorce action is highly equitable in nature, whereas the trial of a tort claim is at law and may well involve, as in this case, a request for a trial by jury. The administration of justice will be better served by keeping the proceedings separate."”

   1 later decision quote this exact passage
   e.g. McCulloh v. Drake

3. “policy considerations preclude either permissive or compulsory joinder of interspousal tort claims, or non-related contract claims, with dissolution of marriage proceedings”

   1 later decision quote this exact passage
   e.g. Marshall v. Marshall