Drozda v. McComas’s Empirical Analysis

Citation profile

2 district · 27 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A.R.S. § 12-1128 applies specifically to eminent domain proceedings and provides for sanctions against the owner of property when the owner refuses an offer made on behalf of an educational, reformatory, or penal institution of the state. A.R.S. § 12-1128 provides for the award of all the costs and expenses to the offeror. Rule 68 sanctions provide for the award of expenses and double the taxable costs of the offeror to be paid by the offeree. Comparatively then, Rule 68 is the more onerous of the two provisions. Under the County’s theory that Rule 68 applies to condemnation cases, the following two scenarios are possible, both of which render the substantive statute meaningless. First, if Rule 68 applies to all condemnation cases except for the condemnation cases falling under A.R.S. § 12-1128(0, then this statute could theoretically cushion certain owners of property from full Rule 68 sanctions (double costs and expert witness fees) when the clear intent of this statute is to penalize those certain property owners under special situations, i.e., when their property is needed for institutions that the state deems of higher priority than others. A reading of A.R.S. § 12-1128 in this manner would be illogical and would seem to fly in the face of the [legislature’s] intent. Conversely, if this Court found that Rule 68 applies to all condemnation cases, then A.R.S. § 12-1128 would be rendered void and meaningless. This would be an inappropriate attempt by the Court to exercise l”

   1 later decision quote this exact passage
   e.g. Pima County v. Hogan

2. “((a) Offer; Time for Making.) At any time more than 30 days before the trial begins, any party may serve upon the adverse party an offer to allow judgment to be entered in the action in accordance with the terms and conditions specified in the offer, plus costs then accrued. ((b) Procedure Generally; Contents of Offer; Acceptance; Entry of Judgment on Offer.) In cases in which attorneys’ fees have not been sought, if any portion of an offer made pursuant to this Rule is for the entry of a monetary judgment, the monetary award to be made shall be set forth in the offer as a specific stated sum. If, while such an offer remains effective within the meaning of this Rule, the adverse party serves written notice that the offer is accepted, either party may then file the offer together with proof of acceptance thereof and a judgment complying with the requirements of Rule 58(a) shall be entered. ((d) Offer Not Accepted; Sanctions.) An offer which is not accepted while it remains effective within the meaning of this Rule shall be deemed withdrawn and evidence thereof shall not be admissible except in a proceeding to determine sanctions under this Rule. If the judgment finally obtained is equal to, or more favorable to the offeror than the offer, the offeree must pay, as a sanction, those reasonable expert witness fees and double the taxable costs of the offeror, as defined in A.R.S. § 12-332, incurred after the making of the offer, and prejudgment interest on unliquidated claims to a”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. Discount Tire Co.

3. “Typically, determining the “prevailing party” for purposes of awarding fees and costs is quite simple. Plaintiff sues defendant for money damages; if plaintiff is awarded a judgment, plaintiff has prevailed, and if defendant successfully defends and avoids an adverse judgment, defendant has prevailed.”

   1 later decision quote this exact passage
   e.g. McEvoy v. Aerotek, Inc.