Jorgenson v. Agway, Inc.’s Empirical Analysis

Citation profile

1 district · 5 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his chapter does not bar any claim for relief by any person against any person who has acquired any moneys or property by means of any practice declared to be unlawful in this chapter. If the court finds the defendant knowingly committed the conduct, the court may order that the person commencing the action recover up to three times the actual damages proven and the court must order that the person commencing the action recover costs, disbursements, and actual reasonable attorney’s fees incurred in the action.”

   2 later decisions quote this exact passage
   e.g. Ackre v. Chapman & Chapman, P.C. · 693 F. Supp. 2d 1055 - Dj Coleman, Inc. v. Nufarm Americas, Inc.

2. “Although N.D.C.C. ch. 51-15 is entitled “consumer fraud and unlawful credit practices,” the word “consumer” does not otherwise appear in the text of N.D.C.C. ch. 51-15. Headnotes describing the title of a chapter of the code do not constitute any part of the statute and may not be used to determine legislative intent. N.D.C.C. § 1-02-12. See Mees v. Ereth, 492 N.W.2d 72, 75 (N.D. 1992). Instead, we look to the statutory language used in N.D.C.C. ch. 51-15. The plain and unambiguous language of N.D.C.C. § 51-15-02, prohibits an “unlawful practice” in connection with the sale or advertisement of any “merchandise,” which is broadly defined in N.D.C.C. § 51-15-01(3) as “any objects, wares, goods, commodities, intangibles, real estate, or services.” The definition of merchandise is broad enough to include confection sunflower seeds. Moreover, the clear and unambiguous language of N.D.C.C. § 51-15-09, does not preclude an action by “any person against any person who has acquired any moneys or property by means of any practice declared to be unlawful” under N.D.C.C. § 51-15-02. The broad definition of “person” includes “any natural person” or other business entity, see N.D.C.C. § 51-15-01(4) and “person” is not necessarily limited to “consumer” or “consumer transactions” as defined by [the defendant]. The plain and unambiguous definition of person belies a legislative intent to limit the provisions that do not preclude an action by any person in N.D.C.C. § 51-15-09 to consumer trans”

   1 later decision quote this exact passage
   e.g. 693 F. Supp. 2d 1055 - Dj Coleman, Inc. v. Nufarm Americas, Inc.

3. “The act, use, or employment by any person of any deceptive act or practice, fraud, false pretense, false promise, or misrepresentation, with the intent that others rely thereon in connection with the sale or advertisement of any merchandise, whether or not any person has in fact been misled, deceived, or damaged thereby, is declared to be an unlawful practice.”

   1 later decision quote this exact passage
   e.g. Ackre v. Chapman & Chapman, P.C.