Ex Parte Taylor’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Accordingly, when both legal and equitable claims are joined in one action, then, the trial judge must arrange the order of trial so that the judge's decision on the equitable issues does not operate to deny a trial by the jury of the legal issues. See Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 510-11 , 79 S.Ct. 948 , 3 L.Ed.2d 988 (1959) (stating that `only under the most imperative circumstances, ... can the right to a jury trial of legal issues be lost through prior determination of equitable claims'); accord Crommelin v. Fain, 403 So.2d 177, 185 (Ala.1981). A jury first must decide any factual issues that are purely legal in nature, along with any factual issues common to the legal and equitable claims. See Dairy Queen, Inc. v. Wood, 369 U.S. 469, 479 , 82 S.Ct. 894 , 8 L.Ed.2d 44 (1962) (holding that because the factual issues relating to the petitioner's breach of contract claim `[were] common with those upon which [the] respondents' claim to equitable relief [was] based, the legal claims involved in the action [had to] be determined prior to any final court determination of respondents' equitable claims'); see also 9 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2302.1, at 29 (2d ed.1995); 1 Champ Lyons, Jr., Alabama Rules of Civil Procedure Annotated § 2.2 at 24 (3d ed. 1996) (`[ Beacon Theatres ] held that the questions of fact common to the legal and equitable [claims] must be decided first by the jury, for to permit the court to ma”

   2 later decisions quote this exact passage
   e.g. Regions Bank v. Kramer · 877 So. 2d 585 - Wootten v. Ivey

2. “‘[t]he trial must be arranged so that the decision of the equitable issues by the judge does not operate to deny a trial by jury of the legal issues.’”

   1 later decision quote this exact passage
   e.g. Regions Bank v. Kramer