Jacoby v. Jacoby’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Element four is the heart of an unjust enrichment claim. The receipt of a benefit must be unjust as to the party to be charged. Unjust enrichment is an equitable remedy that is appropriate only when the party to be charged has received a benefit that in good conscience the party ought not retain without compensation to the party providing the benefit, "The words 'unjust enrichment' concisely state the necessary elements of an equitable action to recover money, property, etc., which 'good conscience' demands should be set over to the appellee by appellants pursuant to an implied contract between them." Landeis v. Nelson, 808 P.2d 216, 218 (Wyo.1991). As stated at 66 Am. Jur.2d Restitution and Implied Contracts § 8 (2001): "The phrase 'unjust enrichment' is used in law to characterize the result or effect of a failure to make restitution of, or for, property or benefits received under such cireumstances as to give rise to a legal or equitable obligation to account therefor. It is a general principle, underlying various legal doctrines and remedies, that one person should not be permitted unjustly to enrich himself at the expense of another, but should be required to make restitution of or for property or benefits received, retained, or appropriated, where it is just and equitable that such restitution be made, and where such action involves no violation or frustration of law or opposition to public policy, either directly or indirectly." Boyce [v. Freeman], 2002 WY 20, ¶15 , 39”

   2 later decisions quote this exact passage
   e.g. Curtis F. Symons v. Wayne R. Heaton and Timothy S. Tarver, Co-Administrators of the Estate of Gary L. Plachek · Redland v. Redland

2. “Requests for equitable relief are matters over which the district court exercises broad discretion.”

   2 later decisions quote this exact passage
   e.g. Gallagher v. Townsend · Lawrence v. City of Rawlins

3. “'conclusions [are] drawn from objective criteria, [and] sound judgment exercised with regard to what is right under the ciream-stances and without doing so arbitrarily or capriciously. " In re Worker's Compensation Claim of Shryack, 3 P.3d 850, 855 (Wyo.2000) (quoting Vaughn v. State, 962 P.2d 149, 151 (Wyo.1998)). "A court does not abuse its discretion unless it acts in a manner [that] exceeds the bounds of reason under the cireum- stances. In determining whether there has been an abuse of discretion, the ultimate issue is whether or not the court could reasonably conclude as it did. An abuse of discretion has been said to mean an error of law committed by the court under the circumstances.”

   1 later decision quote this exact passage
   e.g. Redland v. Redland