Brown v. Brown’s Empirical Analysis

Citation profile

9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'[N]o exhaustive catalog can be made of the types of wrongful retention of property which have moved [courts] to decree a constructive trust. Wherever equity finds such a wrongful holding, it will give relief, whether the type of injustice be new or old.'”

   1 later decision quote this exact passage · from the concurrence
   e.g. Michael Douglass v. Phillip Douglass

2. “the touchstone for imposition of a constructive trust is injustice or unfairness, which may take the form or be the product of fraud (actual or constructive), abuse of a fiduciary or constructive relationship, undue influence, or unjust enrichment.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Michael Douglass v. Phillip Douglass

3. “Technically, constructive trusts are not trusts at all but equitable devices employed by courts . . . 'regardless and independently of any actual or presumed intention of the parties to create a trust.'”

   1 later decision quote this exact passage
   e.g. Michael Douglass v. Phillip Douglass