Von Schmidt v. Kratter’s Empirical Analysis

Citation profile

4 federal appellate · 1 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There are many quantitative and qualitative factors that a court could look to in determining the regularity of a defendant’s debt-collecting activities_ Some courts have found a single factor standing alone to be determinative. If no single factor predominate^], courts should look to the overall circumstances on a case-by-case basis to make this determination.... If the percentage of new cases opened in a given year were the sole measure of regularity, the Court might conclude that 10% of new cases in a given year is significant enough to warrant a finding of regularity. However, other factors may be equally important and, at a minimum, provide a meaningful context for the “regularity” determination. The relationship between the defendants and the Moore Center lasted only three years, and thus was not a long-term course of dealing albeit with only one client. The overall volume of eases accepted from this client during the three years comprised a small portion of the overall caseload. Finally, the gross receipts from this activity constituted very minimal percentage of the firm’s total revenues.”

   1 later decision quote this exact passage · from the majority
   e.g. White v. Simonson & Cohen P.C.

2. “attorneys who 'regularly' engage in consumer-debt-collection activity, even when that activity consists of litigation.”

   1 later decision quote this exact passage · from the majority
   e.g. Michael G. Schroyer