2 Ohio App. 3d 447 - Jones v. Pierson’s Empirical Analysis

Citation profile

68 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While I agree that recent deci-sional law affords a trial court discretion to award some expenses outside the traditional definition as costs in a civil case, I am convinced that such discretion is limited and is to be exercised sparingly, so as not to encourage the unbridled escalation of litigation costs. I find the reasoning of the United States Supreme Court persuasive: “ ‘* * * We do not read * * * [Fed. R. Civ. P. 54(d)] as giving district judges unrestrained discretion to tax costs to reimburse a winning litigant for every expense he has seen fit to incur in the conduct of his case. Items proposed by winning parties as costs should always be given careful scrutiny. Any other practice would be too great a movement in the direction of some systems of jurisprudence that are willing, if not indeed anxious, to allow litigation costs so high as to discourage litigants from bringing lawsuits, no matter how meritorious they might in good faith believe their claims to be. Therefore, the discretion given district judges to tax costs should be sparingly exercised with reference to expenses not specifically allowed by statute. Such a restrained administration of the Rule is in harmony with our national policy of reducing insofar as possible the burdensome cost of litigation. * * *’ Farmer v. Arabian American Oil Co. (1964), 379 U.S. 227, 235 .” 2 Ohio App. 3d at 452 (Parrino, J., concurring).”

   1 later decision quote this exact passage · from the concurrence
   e.g. 21 Ohio App. 3d 214 - Gold v. Orr Felt Co.