990 So. 2d 430 - Barrett v. McPherson’s Empirical Analysis

Citation profile

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

1. ““It is true as a general rule that statutes will not be construed to have retrospective effect unless the language of the statute expressly indicates the legis lature so intended. ‘Remedial statutes,’ or those relating to remedies or modes of procedure, which do not create new rights or take away vested ones, are not within the legal conception of ‘retrospective laws,’ however, and do operate retrospectively, in the absence of language clearly showing a contrary intention. A statute of limitations has generally been viewed as a remedial statute, and the statute of limitations in effect at the time the suit is filed, as opposed to one in effect at the time of the accrual of the cause of action, has been held to apply unless the later statute clearly states the contrary. This is true whether the later statute extends or limits the time within which a cause of action may be brought, for it has frequently been held that the legislature can establish a new limitation where none existed before and make it applicable to a cause of action against which there was no such statute when the right was created, and it may also so change an existing statute and shorten periods of limitation, provided a reasonable time is allowed for the action to be brought.””

   1 later decision quote this exact passage
   e.g. 32 So. 3d 1256 - Foster v. HACIENDA NIRVANA, INC.

2. ““Subsection (e) of § 6-2-2, which was enacted as § 4 of Act No. 95-668, Ala. Acts 1995, and which became effective on the same date as § 7-3-118, reflects the legislature’s intent; the preamble to Act No. 95-668 indicates that the legislature intended to amend § 6-2-2 ‘regarding the applicability of the chapter concerning limitations of actions to specify the chapter shall not apply to certain negotiable instruments.’ Clearly, the legislature intended that § 7-3-118 apply to actions filed after January 1, 1996.””

   1 later decision quote this exact passage
   e.g. 32 So. 3d 1256 - Foster v. HACIENDA NIRVANA, INC.