Straub v. Smith’s Empirical Analysis

Citation profile

1 district · 18 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Th[is] Court reviews an order denying a motion to alter or amend [a] judgment for abuse of discretion. Pursuant to I.R.C.P. 59(e), a district court can correct legal and factual errors occurring in proceedings before it.”

   2 later decisions quote this exact passage
   e.g. Bedke v. CITY OF OAKLEY · In Re SRBA

2. “[I.R.C.P. 41(a)(2) ] requires all other dismissals to be upon order of the court and upon such terms and conditions as the court deems proper. This provision is discretionary with the trial court both as to whether a dismissal should be allowed, as well as to the terms and conditions to be imposed, if allowed. The purpose of the court’s discretionary authority under this rule is to insure that the court pays due regard to the interests of both the plaintiff and defendant; dismissal of the plaintiffs action must not unfairly jeopardize the defendant’s interests.”

   1 later decision quote this exact passage
   e.g. Peterson v. PRIVATE WILDERNESS, LLC

3. “However, a party may only make a motion to reconsider interlocutory order or orders entered after the entry of final judgment. I.R.C.P. 11(a)(2). The dismissal was a final judgment and, thus, the Smith’s motion to reconsider should be treated as a motion to modify or amend the order of dismissal.”

   1 later decision quote this exact passage
   e.g. In Re Michael