Braach v. Graybeal’s Empirical Analysis

Citation profile

34 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. “[A] court, under its equity powers, may award attorney fees to make an injured party whole. Foy v. Anderson (1978), 176 Mont. 507, 511-12 , 580 P.2d 114, 116-17 . Such awards are to be determined on a case-by-case basis. Foy, 176 Mont. at 511 , 580 P.2d at 117 . In subsequent cases addressing the Foy “equitable” exception, however, we have expressly limited its applicability to situations where a party has been forced to defend against a wholly frivolous or malicious action. See, e.g., Youderian Const., Inc. v. Hall (1997), 285 Mont. 1, 15 , 945 P.2d 909, 917 ; Newman v. Wittmer (1996), 277 Mont. 1, 12 , 917 P.2d 926, 933 ; Tanner v. Dream Island, Inc. (1996), 275 Mont. 414, 429-30 , 913 P.2d 641, 651 ; Holmstrom Land Co. v. Hunter (1979), 182 Mont. 43, 48-49 , 595 P.2d 360, 363 .”

   1 later decision quote this exact passage · from the majority
   e.g. National Casualty Co. v. American Bankers Insurance