Cook v. Harding’s Empirical Analysis

Citation profile

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

1. “First, the issue sought to be precluded from relitigation must be identical to that decided in a former proceeding. Second, this issue must have been actually litigated in the former proceeding. Third, it must have been necessarily decided in the former proceeding. Fourth, the decision in the former proceeding must be final and on the merits. Finally, the party against whom preclusion is sought must be the same as, or in privity with, the party to the former proceeding.”

   1 later decision quote this exact passage · from the dissent
   e.g. Pulte Home Corp. v. TIG Ins. Co.

2. “Cook does not question the process by which California courts compel compliance with parentage determinations under state law. Rather, she alleges that Section 7962 is unconstitutional. Cook accordingly challenges the legislative prescriptions of Section 7962. As the Court held even before Sprint , Younger does not "require[ ] abstention in deference to a state judicial proceeding reviewing legislative ... action."”

   1 later decision quote this exact passage · from the dissent
   e.g. Rynearson v. Ferguson

3. “[A] federal court's 'obligation' to hear and decide a case is 'virtually unflagging.' " Sprint Communic'ns, Inc. v. Jacobs , 571 U.S. 69 , 134 S.Ct. 584 , 591, 187 L.Ed.2d 505 (2013) (quoting Colo. River Water Conservation Dist. v. United States , 424 U.S. 800 , 817, 96 S.Ct. 1236 , 47 L.Ed.2d 483 (1976) ). "Younger abstention remains an extraordinary and narrow exception to the general rule[.]”

   1 later decision quote this exact passage · from the majority
   e.g. Arevalo v. Hennessy