166 N.C. App. 150 - Lincoln v. Bueche’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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney’s fee to the prevailing party if the court finds that there was a complete absence of a justi-ciable issue of either law or fact raised by the losing party in any pleading. The filing of a general denial or the granting or any preliminary motion, such a motion for judgment on the pleadings pursuant to G.A. 1A-1, Rule 12 a motion to dismiss pursuant to G.A. 1A-1, Rule 12(b)(6), a motion for a directed verdict pursuant to G.A. 1A-1, Rule 50, or a motion for summary judgment pursuant to G.A. 1A-1, Rule 56, is not in itself a sufficient reason for the court to award attorney’s fees, but may be evidence to support the court’s deci sion to make such an award. A party who advances a claim or defense supported by a good faith argument for an extension, modification, or reversal or law may not be required under this section to pay attorney’s fees. The court shall make findings of fact and conclusions of law to support its award of attorney’s fees under this section.”

   1 later decision quote this exact passage
   e.g. Anderson v. Brokers, Inc. (In Re Brokers, Inc.)

2. “shall be taxed with the costs of the action unless the action was brought in forma pauperis.”

   1 later decision quote this exact passage
   e.g. 185 N.C. App. 160 - Massey v. PRIME INTERNAL MEDICINE, PA