Lamb Engineering & Construction Co. v. Nebraska Public Power District’s Empirical Analysis

Citation profile

46 federal appellate · 3 district · 2 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'court may consider conduct both during and prior to the litigation, although the award may not be based solely on the conduct that led to the substantive claim.' ”) (quoting McLarty v. United States, 6 F.3d 545 (8th Cir.1993)); accord Horizon Air, 976 F.2d at 549-50 ; but see Chambers, 501 U.S. at 46 , 111 S.Ct. at 2133-34 (noting”

   5 later decisions quote this exact passage · from the majority
   e.g. Towerridge, Inc. v. T.A.O., Inc. · Towerridge, Inc., Sued as United States of America for the Benefit of Towerridge, Inc., and v. T.A.O., Inc., and Mid-Continent Casualty Co., And

2. ““deeply rooted in our history and in congressional policy,” prevents a court (without statutory authorization) from engaging in what might be termed substantive fee shifting, that is, fee shifting as part of the merits award. It does not in principle bar fee shifting as a sanction for procedural abuse.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Towerridge, Inc. v. T.A.O., Inc. · Towerridge, Inc., Sued as United States of America for the Benefit of Towerridge, Inc., and v. T.A.O., Inc., and Mid-Continent Casualty Co., And

3. “'represents a clear abuse of discretion or a new trial is necessary to avoid a miscarriage of justice.'”

   2 later decisions quote this exact passage · from the majority
   e.g. McMillian/McMillian, Inc. v. Monticello Insurance · Grain Land Coop v. Kar Kim Farms, Inc.