Stratmeyer v. Engberg’s Empirical Analysis

Citation profile

1 district · 21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[A]n action is malicious if it ‘is begun in malice, and without probable cause to believe it can succeed, and which finally ends in failure.’ ” ... Malice “exists when the proceedings are instituted primarily for an improper purpose.” An improper purpose occurs in situations where: the plaintiff in the original action was actuated by any unjustifiable motive, as where he did not believe his claim would be held valid, or where his primary motive was hostility or ill will, or where his sole purpose was to deprive the defendant of a beneficial use of his property or to force a settlement having no relation to the merits of the claim.”

   3 later decisions quote this exact passage · from the majority
   e.g. Citibank (S.D.), N.A. v. Hauff · Johnson v. Miller

2. “[i]f a civil action ... is dismissed or requested relief is denied and if the court determines that it was frivolous or brought for malicious purposes, the court shall order the party whose claim ... was dismissed or denied to pay part or all expenses incurred by the party defending the matter, including reasonable attorneys' fees.”

   3 later decisions quote this exact passage · from the majority
   e.g. Johnson v. Miller · Bingham Farms Trust v. City of Belle Fourche

3. “We review a trial court's ruling on the allowance or disallowance of costs and attorney fees under an abuse of discretion standard.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bingham Farms Trust v. City of Belle Fourche · In Re Heupel Family Revocable Trust Dated Mar. 23, 1999