Tyus v. Schoemehl’s Empirical Analysis

Citation profile

36 federal appellate · 19 district · 3 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[H]olding preclusion inapplicable assures that a party would not intervene, for it would allow various members of a coordinated group to bring separate lawsuits in the hope that one member of the group would eventually be successful, benefitting the entire group. This entails a significant cost to the judicial system and ‘discouragefs] the principles and policies the doctrine of res judicata was designed to promote.’”

   3 later decisions quote this exact passage · from the concurrence
   e.g. 148 F. Supp. 2d 443 - Robertson v. Bartels · 172 F. Supp. 2d 24 - American Forest Resource Council v. Shea

2. “[I]dentity of interests between the parties, how closely they are related, whether the party to the present suit participated in or deliberately maneuvered to avoid the effects of the first action, and whether the party to the first action had incentive to protect the interests of the second party.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Abels v. Titan International, Inc. · 496 F. Supp. 2d 1044 - Yankton Sioux Tribe v. United States Department of Health & Human Services

3. “'a person may be bound by a judgment even though not a party if one of the parties to the suit is so closely aligned with [the person's] interests as to be [that person's] virtual representative.'”

   3 later decisions quote this exact passage · from the majority
   e.g. Abels v. Titan International, Inc. · National Association for the Advancement of Colored People Minneapolis Branch v. Metropolitan Council