Keller v. Bolding’s Empirical Analysis

Citation profile

14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[Wjhere damage obviously has been suffered, but there is no definite evidence available for an exact determination of the amount of damage resulting from a breach of contract, the best evidence which the circumstances will permit is all the law requires.””

   2 later decisions quote this exact passage
   e.g. Martin v. Trinity Hospital · Farmers Insurance Exchange v. SCHIRADO

2. ““A trial court’s determination of the amount of damages caused by a breach of contract is a finding of fact subject to the clearly erroneous standard of review. ‘We do not reverse the trial court’s factual findings merely because we may view the evidence differently, and a choice between two permissible views of the weight of the evidence is not clearly erroneous.’ Krank v. Krank, 2003 ND 146, ¶ 6 , 669 N.W.2d 105 . ‘In reviewing findings of fact, we give due regard to the trial court’s opportunity to assess the credibility and observe the demeanor of the witnesses.’ Wagner v. Wagner, 2000 ND 132, ¶ 12 , 612 N.W.2d 555 . We view the evidence in the light most favorable to the findings, and we do not reweigh evidence or reassess credibility if there is evidence to support the trial court’s findings.””

   1 later decision quote this exact passage
   e.g. Cavendish Farms, Inc. v. Mathiason Farms, Inc.