Cox v. Mueller’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The obvious purpose of I.C. § 12-120(1) is to discourage litigation, since the statute requires the defendant to be notified of the plaintiff’s claim against defendant for at least ten days before a complaint can even be filed. In the event that a complaint is filed, the statute again encourages early settlement by requiring that the pleadings warn the parties that this statute will be invoked for mandatory attorney fees.”

   3 later decisions quote this exact passage
   e.g. Aberdeen-Springfield Canal Co. v. Peiper · Downey Chiropractic Clinic v. Nampa Restaurant Corp.

2. “[I]t is axiomatic that this Court must assume that whenever the legislature enacts a provision it has in mind previous statutes relating to the same subject matter. In the absence of any express repeal or amendment, the new provision is presumed in accord with the legislative policy embodied in those prior statutes. Therefore, statutes relating to the same subject, although in apparent conflict, are construed to be in harmony if reasonably possible.”

   1 later decision quote this exact passage
   e.g. Edwards v. Industrial Commission of the State

3. “In any action for recovery because of personal injury or death, the claim for relief shall not specify the amount of damages claimed, but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional limits of the court to which the pleading is addressed.”

   1 later decision quote this exact passage
   e.g. Cox v. Mulligan