Mongeon v. Burkebile’s Empirical Analysis

Citation profile

13 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The dismissal of an action or proceeding ‘with prejudice’ commonly implies not only the termination of the particular action or proceeding then before the court but also the right of action upon which it is based. [Citations omitted.] ... From these authorities we conclude that when an order is entered at the request of the plaintiff, understandingly made, dismissing his action ‘with prejudice,’ the dismissal goes to the cause of action and becomes res adjudicata with respect to the issues brought before the court by the action.””

   2 later decisions quote this exact passage
   e.g. Phillips-Van Heusen Co. v. Shark Bros., Inc. · Hilzendager v. Skwarok

2. ““The making of such stipulations should be encouraged rather than discouraged by the courts, and enforced unless good cause is shown to the contrary, and applications to be relieved from stipulations should be seasonably made. Parties will not be relieved from such stipulations in the absence of a clear showing that the fact or facts stipulated are untrue, and then only when the application for such relief is seasonably made, and good cause is shown for the granting of such relief.””

   1 later decision quote this exact passage
   e.g. Bjerken v. Ames Sand and Gravel Company