Pomponio v. Larsen’s Empirical Analysis

Citation profile

5 federal appellate · 5 district · 28 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is fundamental, and well understood, that the judgment of any court of competent jurisdiction, so long as it remains unreversed, is conclusive upon the parties and their privies when the judgment is rendered upon the merits, and without fraud or collusion, upon a matter within the jurisdiction of the court rendering the judgment. Such a judgment is an absolute bar to the prosecution of a second action on the same claim or demand, not only as to matters actually in controversy in the first action, but as to every matter which might have been litigated and determined therein incident to and necessarily connected with the subject matter of the litigation.””

   1 later decision quote this exact passage · from the majority
   e.g. Cooper v. Gutierrez

2. ““The best and most accurate test as to whether a former judgment is a bar in subsequent proceedings between the same parties ... is whether the same evidence would sustain both, and if it would, the two actions are the same, and this is true although the two actions are different in form.””

   1 later decision quote this exact passage · from the majority
   e.g. 568 F. Supp. 662 - Delve v. Three Lakes Water & Sanitation District