Lay v. Lay’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “not only to points and issues upon which the court was required by the pleadings and proof to form an opinion and pronounce judgment, but to every point properly belonging- to the subject matter of litigation and which the parties, exercising reasonable diligence, might have brought forward at the time.”

   2 later decisions quote this exact passage · from the majority
   e.g. State Ex Rel. Trotter v. Cirtin · Deatherage v. Cleghorn

2. ““A cause of action which is single may not be split and filed or tried piecemeal, the penalty for which is that an adjudication on the merits in the first suit is a bar to a second suit. In general, the test for determining whether a cause of action is single and cannot be split is: 1) whether separate actions brought arise out of the same act, contract or transaction; 2) or whether the parties, subject matter and evidence necessary to sustain the claim are the same in both actions.””

   1 later decision quote this exact passage · from the majority
   e.g. Deatherage v. Cleghorn

3. “Thousands of reasonable average persons have used the words “medical expenses” in their separation agreements and dissolution decrees, with the intention that it embody the phrase’s common meaning. The expectation of such persons in utilizing the words “medical expenses” in a dissolution decree is not to have conceptualized each particular medical item to be covered, but rather to have generally incorporated items falling within the limiting criteria of such a definition.”

   1 later decision quote this exact passage
   e.g. Schriner v. Edwards