Levesque v. Levesque’s Empirical Analysis

Citation profile

6 federal appellate · 8 district · 7 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[TJhere must be a degree of settled purpose. The purpose may be one or there may be several. It may be specific or general. All that the law requires is that there is a settled purpose. That is not to say that the propositus intends to stay where he is indefinitely. Indeed his purpose while settled may be for a limited period. Education, business or profession, employment, health, family or merely love of the place spring to mind as common reasons for a choice of regular abode, and there may well be many others. All that is necessary is that the purpose of living where one does has a sufficient degree of continuity to be properly described as settled.”

   5 later decisions quote this exact passage
   e.g. Harsacky v. Harsacky · 79 F. Supp. 2d 1317 - Kanth v. Kanth

2. ““a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and “b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. “The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.” Convention, Art. 3; 51 Fed. Reg. at 10498.”

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

3. “The court notes that determining credibility in this case, where both parents obviously care about the child's welfare and are seeking a ruling in their favor, is a difficult task at best. At worst, it does a disservice to the parties, by tending to discredit one of the parent’s testimony. The court recognizes that each party's truth is colored by his/her perception. Unfortunately, the court must make such determinations.”

   1 later decision quote this exact passage
   e.g. 829 F. Supp. 363 - Application of Ponath