Miaskiewicz v. LeTourneau’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 15 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... [A] showing of bad faith gives rise to one of the traditional exceptions to the general American rule that counsel fees are not part of the costs awarded to a successful litigant. See Hall v. Cole, 412 U.S. 1, 5 (1973); Hutto v. Finney, 437 U.S. 678 , 689 & n. 14 (1978); Copeland v. Martinez, 603 F. 2d 981, 991-992 (D.C. Cir. 1979), cert. denied, 444 U.S. 1044 (1980). 6 MOORE’s FEDERAL PRACTICE par. 54.77(2) (2d ed. 1976). It is by no means evident that counsel fees would not have been awarded in this case even without the enactment of G. L. c. 231, § 6F. See Mass. R. Civ. P. 56 (g), 365 Mass. 825 (1974) (attorney’s fees payable if affidavits ‘presented in bad faith’). See also Mass. R. Civ. P. 37(a) (4), 365 Mass. 798 (1974); Bournewood Hosp., Inc. v. Massachusetts Commn. Against Discrimination, 371 Mass. 303, 317 (1976); Brancaleone v. Parisi, 3 Mass. App. Ct. 566, 573-574 (1975).”

   1 later decision quote this exact passage
   e.g. Mullen v. Connolly