McNeill v. Rice Engineering & Operating, Inc.’s Empirical Analysis

Citation profile

6 district · 26 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The standard to be applied in determining whether a contract is subject to equally logical but conflicting interpretations is the same standard applied in a motion for summary judgment. If the evidence presented is so plain that no reasonable person could hold any way but one, then the court may interpret the meaning as a matter of law, and summary judgment would be proper. On the other hand, if the court determines that the contract is reasonably and fairly susceptible of different constructions, an ambiguity exists, and summary judgment would not be proper. Rather, the jury must resolve any factual issues presented by the ambiguity. In resolving ambiguity, extrinsic evidence may be admitted to aid the jury in interpreting the intent of the parties. The jury must then decide if the evidence presented supports one interpretation rather than the other.”

   1 later decision quote this exact passage
   e.g. Randles v. Hanson

2. “"A mental state sufficient to support an award of punitive damages will exist when the defendant acts with ‘reckless disregard’ for the rights of the plaintiff — i.e., when the defendant knows of potential harm to the interests of the plaintiff but nonetheless 'utterly fail[s] to exercise care’ to avoid the harm.” (alteration in original). In reviewing the question whether evidence is sufficient to establish a culpable mental state, we must bear in mind that the limited purpose of punitive damages is " punish[ing] a wrongdoer,’ and deterring future tortious conduct.””

   1 later decision quote this exact passage · from the concurrence
   e.g. BUKE, LLC v. Eastburg (In Re Eastburg)

3. “We know of no precedent, and Plaintiffs cite none, which requires companies to take every means available, no matter how costly or how feasible to avoid any potential economic injury, even if it knows or has reason to know such may be the consequence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Chavarria v. Fleetwood Retail Corp.