Cotleur v. Danziger’s Empirical Analysis

Citation profile

50 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment or order for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is irregular; (4) the judgment is void; or (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment remain in force.”

   3 later decisions quote this exact passage
   e.g. Swanson v. D & R Enterprises · Levine v. Hans

2. ““Supreme Court Rules 74-05, 74-06, and 75.01 each provide procedural means by which to set aside judgments, each rule having its own standard for relief. Rule 75.01 contains the least stringent standard because it inheres while the trial court retains jurisdiction of the case. The trial court may set aside its judgment before it becomes final, for ‘good cause.’ Rule 75.01. Rule 74.05(c), governing defaults, requires more, allowing a court to set aside a default judgment for ‘good cause’ if the party can show ‘facts constituting a meritorious defense.’ (emphasis [in original]). Finally, Rule 74.06(b), as pertinent here, allows a court to set aside a final judgment after a court has ruled on the merits of a case, but only if the party is able to show excusable neglect. Rule 74.06(b) is, therefore, read to require the highest standard of the three rules for setting aside a judgment, giving effect to the interests in stability of final judgments and precedent.” (emphasis added).”

   2 later decisions quote this exact passage
   e.g. Swanson v. D & R Enterprises · In re the Adoption of L.A.M.K., C.M.J. and J.A.J. v. B.G.R.

3. “Upon motion stating facts constituting a meritorious defense and for good cause shown, an interlocutory order of default or a default judgment may be set aside. The motion shall be made within a reasonable time not to exceed one year after the entry of the default judgment. Good cause includes a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process.”

   2 later decisions quote this exact passage · from the dissent
   e.g. McClure v. Wingo · Martin v. Martin