Kaplan v. Hirsh’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While this Court cannot agree with all of the Dorey court’s contentions as to the constitutional questions addressed in that opinion, ... it need not address these contentions in any great detail. All of the constitutional problems raised by the Dorey court are premised on the assumption that a failure to register a foreign district’s judgment will prevent extraterritorial execution on the judgment, in effect operating as a stay. That crucial premise is, however, invalid. “As the Dorey court itself recognized, 77 F.R.D. at 726 , registration of a federal judgment is not the only means by which extraterritorial execution of such a judgment can be accomplished. One commentator has stated: ‘Section 1963 provides a cumulative remedy. It does not prevent a judgment creditor from bringing an independent action on his judgment. And it may be advantageous for him to do this where the original judgment is not registrable due to the fact that it has not become final by appeal or expiration of the time for appeal.’”

   2 later decisions quote this exact passage
   e.g. In re the Arbitration between A/S Siljestad & Hideca Trading, Inc. · Air Transport Ass'n of America v. Professional Air Traffic Controllers Organization (In Re Professional Air Traffic Controllers Organization)

2. ““[s]uch judgments are the most suitable subjects for a streamlined enforcement procedure, because there is no danger of a later reversal of the original judgment, and collateral attack is quite limited. Moreover, contrary to the Dorey court s assertion that Congress could not have intended to limit the application of the registration procedure to such judgments, the plain meaning of the statutory language demonstrates that Congress intended to do just that.””

   1 later decision quote this exact passage
   e.g. Air Transport Ass'n of America v. Professional Air Traffic Controllers Organization (In Re Professional Air Traffic Controllers Organization)

3. ““A judgment in an action for the recovery of money or property now or hereafter entered in any district court which has become final by appeal or expiration of time for appeal may be registered in any other district by filing therein a certified copy of such judgment. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner.””

   1 later decision quote this exact passage
   e.g. In re the Arbitration between A/S Siljestad & Hideca Trading, Inc.