Marcus v. Marcus’s Empirical Analysis
1999
Citation profile
19 state decisions
Relationships
Applies 28 U.S.C. § 1738A
Relies on Carvell v. Bottoms · Win Myint and wife Patti KI. Myint v. Allstate Insurance Company · Ballard v. Herzke · Sartain v. Dixie Coal & Iron Co. · State Ex Rel. Cooper v. Hamilton
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under the doctrine of judicial estoppel “a party will not be permitted to occupy inconsistent positions or to take a position in regard to a matter which is directly contrary to, or inconsistent with, one previously assumed by him, at least where he had, or was chargeable with, full knowledge of the facts, and another will be prejudiced by this action.” Obion County v. McKinnis, 211 Tenn. 183 , 364 S.W.2d 356, 357 (1962); see also Layhew v. Dixon, 527 S.W.2d 739, 741 (Tenn.1975); Werne v. Sanderson, 954 S.W.2d 742, 745 (Tenn.App.1997).”
2 later decisions quote this exact passage“The distinctive feature of the Tennessee law of judicial estoppel (or estoppel by oath) is the expressed purpose of the court, on broad grounds of public policy, to uphold the sanctity of an oath. The sworn statement is not merely evidence against the litigant, but (unless explained) precludes him from denying its truth. It is not merely an admission, but an absolute bar.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.