Berdie v. Kurtz’s Empirical Analysis

Citation profile

1 federal appellate · 4 district ·

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

1. “. “Equity in the process of development has assumed the qualities of a composite system, expansive rather than abstract in relation to settled rules by which rights are measured and processes invoked — not always defined. The power of the chancellor and the processes of a court of equity must be equal to any emergency and portend to protect the poor and the rich alike, compel justice and right to every one in its hold. The cradle of equity is the power to afford adequate remedy where the law is impotent; it does not create new rights, but affords a remedy for existing rights. Every known step in the court of equity was born of some emergency to apply settled rules to new conditions. The entrance to the portals of equity are not branded, labeled, or limited, nor has equity or its processes become static, Chicago Auditorium Ass’n v. Willing (C.C.A.) 20 F.2d 837 , but must continue to grow, and if need be extend its borders so as to encompass ‘any civil right of a pecuniary relation.’ Toledo, etc., R. Co. v. Pennsylvania Co. (C.C.) 54 F. 746 , 19 L.R.A. 395 ; Southern California R. Co. v. Rutherford (C.C.) 62 F. 796 . A court of equity may contrive new remedies, the remedies at law being inadequate. Joy v. St. Louis, 138 U.S. 1 , 11 S.Ct. 243 , 34 L.Ed. 843 .””

   2 later decisions quote this exact passage · from the majority
   e.g. 544 F. Supp. 2d 939 - Transwestern Pipeline Co., LLC v. 9.32 Acres · 440 F. Supp. 394 - Aetna Casualty & Surety Co. v. Jeppesen & Co.