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60 New York opinions name it 9 courts 1879–2026 10 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United States Aviation Underwriters, Inc. v. Textron, Inc.green2 sentences2021Any [*3]ambiguity in the letter agreement's waiver provision is construed against Mangone as the drafter ( 327 Realty, LLC v Nextel of NY, Inc. , 150 AD3d 581, 582 [1st Dept 2017]) and as determined by the Referee the absence of the word "settlement" from the waiver provision gives more credence to Locascio's position, that poundage fees were not waived in the event of a settlement. 2021Any [*3]ambiguity in the letter agreement's waiver provision is construed against Mangone as the drafter ( 327 Realty, LLC v Nextel of NY, Inc. , 150 AD3d 581, 582 [1st Dept 2017]) and as determined by the Referee the absence of the word "settlement" from the waiver provision gives more credence to Locascio's position, that poundage fees were not waived in the event of a settlement. | 2 | 2 |
DiTondo v. Meaghergreen2 sentences2016In the event that a claim “arises out of the same facts as an asserted legal malpractice cause of action and does not allege distinct damages,” that claim is deemed “duplicative of the malpractice claim” (DiTondo v Meagher, 85 AD3d 1385, 1385 [2011]; see Hyman v Burgess, 125 AD3d 1213, 1215 [2015]). 2016In the event that a claim “arises out of the same facts as an asserted legal malpractice cause of action and does not allege distinct damages,” that claim is deemed “duplicative of the malpractice claim” (DiTondo v Meagher, 85 AD3d 1385, 1385 [2011]; see Hyman v Burgess, 125 AD3d 1213, 1215 [2015]). | 2 | 2 |
Hyman v. Burgessgreen2 sentences2016In the event that a claim “arises out of the same facts as an asserted legal malpractice cause of action and does not allege distinct damages,” that claim is deemed “duplicative of the malpractice claim” (DiTondo v Meagher, 85 AD3d 1385, 1385 [2011]; see Hyman v Burgess, 125 AD3d 1213, 1215 [2015]). 2016In the event that a claim “arises out of the same facts as an asserted legal malpractice cause of action and does not allege distinct damages,” that claim is deemed “duplicative of the malpractice claim” (DiTondo v Meagher, 85 AD3d 1385, 1385 [2011]; see Hyman v Burgess, 125 AD3d 1213, 1215 [2015]). | 2 | 2 |
People v. Greengreen2 sentences2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 [1987]; see also People v Green, 74 AD3d 1899, 1900 [2010], lv denied 15 NY3d 852 [2010]; People v Flecha, 43 AD3d 1385, 1386 [2007], lv denied 9 NY3d 990 [2007]). 2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 ; see also People v Green, 74 AD3d 1899, 1900 , lv denied 15 NY3d 852 ; People v Flecha, 43 AD3d 1385, 1386 , lv denied 9 NY3d 990 ). | 2 | 2 |
People v. Heygreen2 sentences2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 [1987]; see also People v Green, 74 AD3d 1899, 1900 [2010], lv denied 15 NY3d 852 [2010]; People v Flecha, 43 AD3d 1385, 1386 [2007], lv denied 9 NY3d 990 [2007]). 2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 ; see also People v Green, 74 AD3d 1899, 1900 , lv denied 15 NY3d 852 ; People v Flecha, 43 AD3d 1385, 1386 , lv denied 9 NY3d 990 ). | 2 | 2 |
People v. Bleakleygreen2 sentences2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 [1987]; see also People v Green, 74 AD3d 1899, 1900 [2010], lv denied 15 NY3d 852 [2010]; People v Flecha, 43 AD3d 1385, 1386 [2007], lv denied 9 NY3d 990 [2007]). 2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 ; see also People v Green, 74 AD3d 1899, 1900 , lv denied 15 NY3d 852 ; People v Flecha, 43 AD3d 1385, 1386 , lv denied 9 NY3d 990 ). | 1 | 3 |
People v. Flechagreen2 sentences2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 [1987]; see also People v Green, 74 AD3d 1899, 1900 [2010], lv denied 15 NY3d 852 [2010]; People v Flecha, 43 AD3d 1385, 1386 [2007], lv denied 9 NY3d 990 [2007]). 2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 ; see also People v Green, 74 AD3d 1899, 1900 , lv denied 15 NY3d 852 ; People v Flecha, 43 AD3d 1385, 1386 , lv denied 9 NY3d 990 ). | 1 | 2 |
People v. Contesgreen2 sentences2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 [1987]; see also People v Green, 74 AD3d 1899, 1900 [2010], lv denied 15 NY3d 852 [2010]; People v Flecha, 43 AD3d 1385, 1386 [2007], lv denied 9 NY3d 990 [2007]). 2011In addition, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 ), we conclude that it is legally sufficient to support the intent elements of the attempted murder and assault crimes of which defendant was convicted (see People v Bleakley, 69 NY2d 490, 495 ; see also People v Green, 74 AD3d 1899, 1900 , lv denied 15 NY3d 852 ; People v Flecha, 43 AD3d 1385, 1386 , lv denied 9 NY3d 990 ). | 1 | 2 |
Matter of Brownell v. New York State Justice Ctr. for the Protection of People with Special Needsgreen1 sentence2026We therefore find that the language requiring that a hearing be completed no later than five days after an incarcerated individual is placed in prehearing segregated confinement remains directory under the HALT Act ( see Matter of Coggins v Rodriguez , 236 AD3d 1285 , 1286 [3d Dept 2025]; see also Matter of Hannah DD. v Neifeld , 231 AD3d 1331 , 1333 [3d Dept 2024]; Matter of Brownell v New York State Justice Ctr. for the Protection of People with Special Needs , 212 AD3d 998, 1001 [3d Dept 2023]; Matter of Pena v New York State Gaming Commn. , 127 AD3d 1287, 1289 [3d Dept 2015], appeal dismis | 1 | 1 |
Matter of Pena v. New York State Gaming Commissiongreen1 sentence2026We therefore find that the language requiring that a hearing be completed no later than five days after an incarcerated individual is placed in prehearing segregated confinement remains directory under the HALT Act ( see Matter of Coggins v Rodriguez , 236 AD3d 1285 , 1286 [3d Dept 2025]; see also Matter of Hannah DD. v Neifeld , 231 AD3d 1331 , 1333 [3d Dept 2024]; Matter of Brownell v New York State Justice Ctr. for the Protection of People with Special Needs , 212 AD3d 998, 1001 [3d Dept 2023]; Matter of Pena v New York State Gaming Commn. , 127 AD3d 1287, 1289 [3d Dept 2015], appeal dismis | 1 | 1 |
Ambac Assur. Corp. v. Countrywide Home Loans, Inc.green1 sentence2024Corp. v Countrywide Home Loans, Inc. , 31 NY3d 569, 583 [2018]). | 1 | 1 |
Matter of Harvey P. v. Contrena Q.green1 sentence2023Despite that the petition alleged that the youngest child had become "alienated" from the mother and her family, this statement and the other generalized allegations in the violation petition, even when liberally construed, failed to provide the father with notice of a particular event or violation for which he could prepare a defense ( see Matter of Harvey P. v Contrena Q. , 212 AD3d 1023, 1024 [3d Dept 2023]; see also Matter of Constantine v Hopkins , 101 AD3d 1190, 1191-1192 [3d Dept 2012]). | 1 | 1 |
Constantine v. Hopkinsgreen1 sentence2023Despite that the petition alleged that the youngest child had become "alienated" from the mother and her family, this statement and the other generalized allegations in the violation petition, even when liberally construed, failed to provide the father with notice of a particular event or violation for which he could prepare a defense ( see Matter of Harvey P. v Contrena Q. , 212 AD3d 1023, 1024 [3d Dept 2023]; see also Matter of Constantine v Hopkins , 101 AD3d 1190, 1191-1192 [3d Dept 2012]). | 1 | 1 |
In re the Estate of Garrasigreen1 sentence2021While there is relatively little case law dealing specifically with the effects of a violation of section 470, the statute itself "is not punitive or remedial on its face" and "does not expressly provide for a fee forfeiture in the event of its violation" ( Matter of Garrasi , 29 Misc 3d 822, 829 [Sur Ct, Schenectady County]; see Frechtman v Gutterman , 140 AD3d 538 ). | 1 | 1 |
Frechtman v. Allen Guttermangreen1 sentence2021While there is relatively little case law dealing specifically with the effects of a violation of section 470, the statute itself "is not punitive or remedial on its face" and "does not expressly provide for a fee forfeiture in the event of its violation" ( Matter of Garrasi , 29 Misc 3d 822, 829 [Sur Ct, Schenectady County]; see Frechtman v Gutterman , 140 AD3d 538 ). | 1 | 1 |
Perkins v. City of Buffalogreen1 sentence2018We also note that, contrary to plaintiffs' contention, "the evidence establishing that [defendant officer] did not slow down prior to entering the intersection does not render [defendant officer's] conduct unprivileged as a matter of law, but rather presents an issue of fact whether he acted with reckless disregard for the safety of others' " in the event that such standard of care applies in this case ( Perkins v City of Buffalo , 151 AD3d 1941, 1942 [4th Dept 2017]; see Rice , 145 AD3d at 1505 ; Connelly v City of Syracuse , 103 AD3d 1242, 1242-1243 [2013]). | 1 | 1 |
| Connelly v. City of Syracusegreen | 1 | 1 |
Rice v. City of Buffalogreen1 sentence2018We also note that, contrary to plaintiffs' contention, "the evidence establishing that [defendant officer] did not slow down prior to entering the intersection does not render [defendant officer's] conduct unprivileged as a matter of law, but rather presents an issue of fact whether he acted with reckless disregard for the safety of others' " in the event that such standard of care applies in this case ( Perkins v City of Buffalo , 151 AD3d 1941, 1942 [4th Dept 2017]; see Rice , 145 AD3d at 1505 ; Connelly v City of Syracuse , 103 AD3d 1242, 1242-1243 [2013]). | 1 | 1 |
| People v. Greengreen | 1 | 1 |
| People v. Tavarezgreen | 1 | 1 |
| People v. Forbesgreen | 1 | 1 |
| Lima v. NAB Construction Corp.green | 1 | 1 |
| Lagano v. Soulegreen | 1 | 1 |
| Gordon v. Town of Esopusgreen | 1 | 1 |
| In re Edward G.N.green | 1 | 1 |
| Qualben v. Aiellogreen | 1 | 1 |
| People v. McGrathgreen | 1 | 1 |
| People v. Goodellgreen | 1 | 1 |
| People v. Casadeigreen | 1 | 1 |
| People v. Goodellgreen | 1 | 1 |
| Rosenbaum v. Boulder Ridge Homeowners Ass'ngreen | 1 | 1 |
| People v. Ladsongreen | 1 | 1 |
| People v. Soliminegreen | 1 | 1 |
| Sarkisian Bros. v. State Division of Human Rightsgreen | 1 | 1 |
| In re Tammie Z.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miller v. Miller
green
2 sentences2026Even liberally construed, the mother's allegation that the father failed to encourage visitation over an approximately two-year period was too vague and conclusory to provide the father "with notice of a particular event or violation such that [ ]he could prepare a defense" (<i>Matter of Miller v Miller</i>, 90 AD3d at 1186 ). 2023Accordingly, Family Court properly dismissed the mother's violation petition without a hearing ( see Matter of Perez v Richmond , 104 AD3d at 692-693 ; Matter of Miller v Miller , 90 AD3d at 1186 ). | 2 | 2023–2026 |
Benedetti v. Erie County Medical Center Corp.
neutral
2 sentences2016Corp. , 129 AD3d 1462 , 1463 [4th Dept 2015], lv denied 132 AD3d 1329 [holding that Public Authorities Law § 3641 [1] [c], requiring commencement of an action within one year and 90 days of the event on which the claim was based, did not constitute a "statutory time requirement" separate from the statute of limitations, which barred resort to CPLR 205 (a)].) In contrast, Courts have declined to permit refiling of an action under CPLR 205 (a) where a statutory condition precedent imposed a time restriction on commencement of suit separate from the statute of limitations, or a deadline for its s 2016Corp., 129 AD3d 1462 , 1463 [4th Dept 2015], lv denied 132 AD3d 1329 [2015] [holding that Public Authorities Law § 3641 (1) (c), requiring commencement of an action within one year and 90 days of the event on which the claim was based, did not constitute a “statutory time requirement” separate from the statute of limitations, which barred resort to CPLR 205 (a)].) In contrast, courts have declined to permit refiling of an action under CPLR 205 (a) where a statutory condition precedent imposed a time restriction on commencement of suit separate from the statute of limitations, or a deadline for | 2 | 2016–2016 |
Rite Aid Corp. v. Huseby
neutral
2 sentences2016Corp. , 129 AD3d 1462 , 1463 [4th Dept 2015], lv denied 132 AD3d 1329 [holding that Public Authorities Law § 3641 [1] [c], requiring commencement of an action within one year and 90 days of the event on which the claim was based, did not constitute a "statutory time requirement" separate from the statute of limitations, which barred resort to CPLR 205 (a)].) In contrast, Courts have declined to permit refiling of an action under CPLR 205 (a) where a statutory condition precedent imposed a time restriction on commencement of suit separate from the statute of limitations, or a deadline for its s 2016Corp., 129 AD3d 1462 , 1463 [4th Dept 2015], lv denied 132 AD3d 1329 [2015] [holding that Public Authorities Law § 3641 (1) (c), requiring commencement of an action within one year and 90 days of the event on which the claim was based, did not constitute a “statutory time requirement” separate from the statute of limitations, which barred resort to CPLR 205 (a)].) In contrast, courts have declined to permit refiling of an action under CPLR 205 (a) where a statutory condition precedent imposed a time restriction on commencement of suit separate from the statute of limitations, or a deadline for | 2 | 2016–2016 |
People v. Crump
green
2 sentences2011Thus, as previously noted, it cannot be said that defendant was denied effective assistance of counsel in the event that defense counsel does not make a motion or argument that has little or no chance of success (see Stultz, 2 NY3d at 287 ; Crump, 77 AD3d at 1336 ). 2011Thus, as previously noted, it cannot be said that defendant was denied effective assistance of counsel in the event that defense counsel does not make a motion or argument that has little or no chance of success (see Stultz, 2 NY3d at 287 ; Crump, 77 AD3d at 1336 ). | 2 | 2011–2011 |
People v. Stultz
green
2 sentences2011Thus, as previously noted, it cannot be said that defendant was denied effective assistance of counsel in the event that defense counsel does not make a motion or argument that has little or no chance of success (see Stultz, 2 NY3d at 287 ; Crump, 77 AD3d at 1336 ). 2011Thus, as previously noted, it cannot be said that defendant was denied effective assistance of counsel in the event that defense counsel does not make a motion or argument that has little or no chance of success (see Stultz, 2 NY3d at 287 ; Crump, 77 AD3d at 1336 ). | 2 | 2011–2011 |
In re of an Investigation into the Death of Jon L.
green
2 sentences2007Moreover, [i]t is clear that a search warrant [based upon a showing of probable cause] may validly be issued to obtain a blood sample in the event of a violation of the Penal Law” (People v Casadei, 66 NY2d 846, 848 [1985], citing Matter of Abe A., 56 NY2d 288 [1982]; see People v Goodell, 164 AD2d 321, 326 [1990], affd 79 NY2d 869 [1992]; People v McGrath, 135 AD2d 60, 63-64 [1988], affd 73 NY2d 826 [1988]), just as a warrant may validly be issued to seize any other physical evidence demonstrating the commission of a crime (see CPL 690.10). 2007Notably, in People v Casadei, the Court of Appeals also reaffirmed the use of a validly issued search warrant to obtain a blood sample in the event of a violation of the Penal Law (see People v Casadei, 66 NY2d 846 [1985]; Matter of Abe A., 56 NY2d 288 [1982]). | 2 | 1985–2007 |
Two Guys v. S.F.R. Realty Associates
green
2 sentences1999Realty Assocs., 63 NY2d 396, 403 .) Reading the entirety of section 18 as an integrated provision, as we must, we find no inconsistency between the Blood Center’s admission that Helmsley-Spear was the procuring cause and the Blood Center’s promise of indemnity in the event a claim for brokerage commission were made against North Moore, the purchaser of the property. 1999Realty Assocs., 63 NY2d 396, 403 .) Reading the entirety of section 18 as an integrated provision, as we must, we find no inconsistency between the Blood Center’s admission that Helmsley-Spear was the procuring cause and the Blood Center’s promise of indemnity in the event a claim for brokerage commission were made against North Moore, the purchaser of the property. | 2 | 1999–1999 |
People v. Badalamenti
green
1 sentence2026We therefore find that the language requiring that a hearing be completed no later than five days after an incarcerated individual is placed in prehearing segregated confinement remains directory under the HALT Act ( see Matter of Coggins v Rodriguez , 236 AD3d 1285 , 1286 [3d Dept 2025]; see also Matter of Hannah DD. v Neifeld , 231 AD3d 1331 , 1333 [3d Dept 2024]; Matter of Brownell v New York State Justice Ctr. for the Protection of People with Special Needs , 212 AD3d 998, 1001 [3d Dept 2023]; Matter of Pena v New York State Gaming Commn. , 127 AD3d 1287, 1289 [3d Dept 2015], appeal dismis | 1 | 2026–2026 |
Accadia Site Contracting, Inc. v. Erie County Water Authority
green
2 sentences2025Accadia Site Contr., Inc. v Erie County Water Auth. , 115 AD3d 1351 , 1352-1353 [4th Dept 2014] [dismissing plaintiff's breach of contract claim because plaintiff failed to meet a condition precedent by timely complying with the contract's notice requirements, and deeming plaintiff's argument that compliance was futile unavailing]). 2025Accadia Site Contr., Inc. v Erie County Water Auth. , 115 AD3d 1351 , 1352-1353 [4th Dept 2014] [dismissing plaintiff's breach of contract claim because plaintiff failed to meet a condition precedent by timely complying with the contract's notice requirements, and deeming plaintiff's argument that compliance was futile unavailing]). | 1 | 2025–2025 |
People v. Ameigh
green
1 sentence2024VTL § 1194(3) and the regulations under 10 NYCCR 59.1 to 59.9 do not apply to the facts of this case since a sample of the defendant's blood was already taken by hospital personnel. (see People v Ameigh , 95 AD2d 367 , [3rd Dept 1983][holding that VTL § 1194 did not prohibit admission of BAC results contained in defendant's medical records that were voluntarily disclosed].) The defendant also points out that the warrant application relied on statements he made to Police Officer Pagan regarding his ownership and operation of the 2013 white Hyundai Gensis to establish his operation of the vehicl | 1 | 2024–2024 |
People v. Reynolds
neutral
1 sentence2024The court stated, "It is clear that a search warrant may validly be issued to obtain a blood sample, in the event of a violation of the Penal Law, and, in such circumstances, we decline to extend Moselle to require separate resort to Vehicle and Traffic Law offenses which are part of the same indictment." Id. at 848. (see also People v Reynolds , 203 AD3d 1079 , [2nd Dept 2022].) In this case the defendant was not compelled by the People to provide a blood sample pursuant to VTL § 1194 and is also charged in the indictment with violations of both the Penal Law and the Vehicle and Traffic Law. | 1 | 2024–2024 |
Perez v. Richmond
green
1 sentence2023Accordingly, Family Court properly dismissed the mother's violation petition without a hearing ( see Matter of Perez v Richmond , 104 AD3d at 692-693 ; Matter of Miller v Miller , 90 AD3d at 1186 ). | 1 | 2023–2023 |
Battalla v. State
green
1 sentence2021Against the backdrop of those competing -7- -8- No. 6 considerations, and while mindful of factors including “just[ice],” “experience[,] and logic” (id. at 239), we concluded that a plaintiff “subjected to the fear of physical injury as a direct result of the tortious conduct” (Howard v Lecher, 24 NY2d 109, 111 [1977]) may state a claim that he or she was “negligently caused to suffer ‘severe emotional and neurological disturbances with residual physical manifestations’ ” when the defendant owed the plaintiff a direct duty, such as the one owed to the plaintiff by the ski-lift operator at issu | 1 | 2021–2021 |
| Chandler v. Rhea green | 1 | 2016–2016 |
| People v. Murray green | 1 | 2016–2016 |
| The People v. Adam Crowder green | 1 | 2016–2016 |
| People v. George green | 1 | 2014–2014 |
| Benjamin v. Koeppel green | 1 | 2010–2010 |
| FMC Corp. v. Unmack green | 1 | 2009–2009 |
| Vanderminden v. Tarantino green | 1 | 2009–2009 |
| MATTER OF GORDON v. Town of Esopus green | 1 | 2009–2009 |
| People v. McGrath neutral | 1 | 2007–2007 |
| Glazer & Gottlieb v. Nachman green | 1 | 2007–2007 |
| Correspondent Services Corporation v. First Equities Corporation Of Florida green | 1 | 2007–2007 |
| People v. Moselle green | 1 | 2007–2007 |
| Klein v. City of Yonkers green | 1 | 2005–2005 |
| Witt v. Town of Amherst green | 1 | 2005–2005 |
| Williams v. Coughlin green | 1 | 2005–2005 |
| Freund v. Washington Square Press, Inc. green | 1 | 2004–2004 |
| People v. White green | 1 | 2000–2000 |
| Hertz Corp. v. Corcoran green | 1 | 1997–1997 |
| People v. Bolden green | 1 | 1995–1995 |
| People v. Luperon green | 1 | 1995–1995 |
| People v. Bryant green | 1 | 1995–1995 |
| People v. Lucas green | 1 | 1995–1995 |
| Franks v. Delaware green | 1 | 1993–1993 |
| People v. Slaughter green | 1 | 1993–1993 |
| People v. Chevalier green | 1 | 1988–1988 |
| People v. Horney green | 1 | 1988–1988 |
| People v. McDaniels green | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.