Melendrez v. Bode’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'we are left with a definite and firm conviction, after reviewing the whole record, that the trial court erred in its ruling.'”

   2 later decisions quote this exact passage
   e.g. Hicks v. Pleasants · Kenai Chrysler Center, Inc. v. Denison

2. “(b)(1) Failure to Appear. If the defendant has been defaulted for failure to appear and the plaintiff's claim(s) is for a sum certain or for a sum that can by computation be made certain, upon the filing of an application for default judgment ... the clerk shall enter default judgment for the amount due. ... (c)(1) In all other cases the party entitled to a default judgment shall apply to the court therefor. . . . If the party against whom default judgment is sought has appeared in the action, that party ... shall be served with written notice of the application for judgment. . . . If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper. (c)(3) If the amount of damages claimed in an application to the court for default judgment is unliquidated, the applicant may submit evidence by affidavit showing the amount of damages and if, under the provisions of paragraph (1) of this subdivision, notice of the application is necessary, the parties against whom judgment is sought may submit affidavits in opposition.”

   1 later decision quote this exact passage
   e.g. Hicks v. Pleasants

3. “whether the defendant has established the required meritorious defense, prejudice to plaintiffs, the culpability of defendant's conduct, the length of the period of default, the size of any potential award to plaintiffs, and alternative sanctions against the defendant.”

   1 later decision quote this exact passage
   e.g. Cook v. Rowland