2001 UT App 404 - Chase v. Scott’s Empirical Analysis
2001
Citation profile
1 district · 8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently November 2021
1 district · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Valcarce v. Fitzgerald · Cabrera v. Cottrell · Nova Casualty Co. v. Able Construction, Inc. · Stouffer Food Corp. v. Utah Labor Commission · Forrester v. Cook
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Contracts 'should be read as a whole, in an attempt to harmonize and give effect to all of the contract provisions.’ ” Lee v. Barnes, 1999 UT App 126, ¶ 11, 977 P.2d 550 (quoting ELM, Inc. v. M.T. Enters., Inc., 968 P.2d 861, 863 (Utah Ct.App.1998) (internal citation omitted)). According to Rule 54(d), "costs shall be allowed as of course to the prevailing party unless the court otherwise directs[.]” Utah R. Civ. P. 54(d). In order to not render the term "costs” superfluous, the Contract should be read to include those costs that were associated with the litigation but would not be included under a regular Rule 54(d) cost award. "[T]here may be expenses associated with litigation that are necessary, but which nonetheless are not properly taxable as [statutory or rule-based] costs.” Young v. State, 2000 UT 91, ¶21 , 16 P.3d 549 .0 Again, in order to give effect to the term "costs” in the Contract, we hold that "costs” should not be limited by case law interpreting Rule 54(d). 2001 UT App 404, at ¶ 20 , 38 P.3d at 1006 .”
5 later decisions quote this exact passage“[Alttorney fees are awarded only if authorized by statute or contract.”
2 later decisions quote this exact passage“The trial court's interpretation of the meaning of costs in the contract is a question of law. Thus, we accord the trial court's legal conclusions regarding the contract no deference and review them for correctness.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.