Ekberg v. Sharp’s Empirical Analysis

Citation profile

39 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[jludicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means a sound judgment exercised with regard to what is right under the cireumstances and without doing so arbitrarily or capriciously.”

   9 later decisions quote this exact passage
   e.g. Stafford v. JHL, INC. · Witowski v. Roosevelt

2. “shall be freely given when justice so requires.”

   4 later decisions quote this exact passage
   e.g. Armstrong v. Hrabal · Philippe Lajaunie, individually and derivatively as a member of Beartooth Mountain Springs, LLC and American Summits, LLC

3. “The factual findings of a judge are not entitled to the limited review afforded a jury verdict. While the findings are presumptively correct, the appellate court may examine all of the properly admissible evidence in the record. Due regard is given to the opportunity of the trial judge to assess the credibility of the witnesses, and our review does not entail weighing disputed evidence. Findings of fact will not be set aside unless the findings are clearly erroneous. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. We review a district court's conclusions of law de novo on appeal.”

   3 later decisions quote this exact passage
   e.g. Northern Arapaho Tribe v. State · Shetka v. Epp Contracting, Inc.