Berg v. Berg’s Empirical Analysis

Citation profile

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

1. “Although N.D.C.C. § 14-05-22(5) indicates the perpetrator of domestic violence should ordinarily be responsible for costs and fees, we do not believe the legislature intended the statute to authorize a “blank check” to the opposing party. The trial court is authorized to assess costs in a different manner if assessing all costs against the perpetrator of domestic violence would result in “undue financial hardship.” “Undue” is defined as “[e]xcessive or unwarranted.” Black’s Law Dictionary 1529 (7th ed.1999). Accordingly, if the opposing party’s conduct unreasonably increases the expenses of litigation, resulting in excessive or unwarranted costs and fees, the court has discretion to apportion the costs and fees between the parties. The trial court in this case expressly considered N.D.C.C. § 14-05-22(5), but concluded imposing liability upon Brenda Berg for all of the costs and fees would create an undue financial hardship upon her. The trial court expressly found “that a substantial portion of the court costs, attorney fees, evaluation fees and expert witness fees ... were excessive and unnecessary” because of Weston Berg’s litigious conduct. Upon review of the record in this case, including the financial circumstances of the parties and the court’s finding Weston Berg was responsible for unreasonably increasing the litigation expenses, we conclude the trial court did not abuse its discretion in assessing costs and fees.”

   2 later decisions quote this exact passage
   e.g. Rhodenbaugh v. Rhodenbaugh · Berg v. Berg

2. “In any custody or visitation proceeding in which a parent is found to have perpetrated domestic violence, and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, all court costs, attorneys’ fees, evaluation fees, and expert witness fees must be paid by the perpetrator of the domestic violence unless those costs would place an undue financial hardship on that parent.”

   2 later decisions quote this exact passage
   e.g. Rhodenbaugh v. Rhodenbaugh · Berg v. Berg

3. “Under N.D.C.C. § 14-09-08.10, every child support order entered in this state must address health insurance coverage for the child.... This statute essentially creates a three-step process for determining who should be responsible for health insurance coverage. First, the custodial parent must be ordered to secure coverage if it is “available at no or nominal cost.” N.D.C.C. § 14-09-08.10(2). If not, N.D.C.C. § 14-09-08.10(1) requires the noncustodial parent to provide coverage if it is “available at reasonable cost or becomes available at reasonable cost.” If neither subsection is applicable, the trial court has discretion to make other provisions for the child’s health insurance or health care costs. [[Image here]] In N.D.C.C. § 14-09-08.15, the legislature has defined “reasonable cost” of health insurance in child support orders: For purposes of this chapter, health insurance is considered reasonable in cost if it is available to the obligor on a group basis or through an employer or union, regardless of service delivery mechanism. The legislature has thus statutorily determined health insurance available through an employer, union, or group plan is “reasonable in cost.” By requiring Brenda Berg to be responsible for the children’s health insurance premiums only if available through her employer at a “reasonable cost” not to exceed five percent of her income, the court has imposed a restriction contrary to the statutory definition. Accordingly, we reverse the judgment prov”

   1 later decision quote this exact passage
   e.g. Berg v. Berg