Miller v. Jacobsen’s Empirical Analysis
2006
Citation profile
1 district · 23 state decisions
How this case has been cited
Cited by 28 later decisions — most recently December 2022 · most notably Kreps v. Kreps (2010), Pietrzak v. Schroeder (2009)
1 district · 23 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 Masek v. Masek · Billion v. Billion · In Re South Dakota Microsoft Antitrust Litigation · State v. Heftel · Nelson v. Nelson
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[O]ur purpose is not to determine “whether we would have made an original like ruling, but whether a judicial mind, in view of the law and circumstances of the particular case, could reasonably have reached such a conclusion.” The exercise of discretion by the “trial court must have a sound basis in the evidence presented.” An abuse of discretion occurs when “discretion is exercised to an end or purpose not justified by, and clearly against, reason and evidence.””
3 later decisions quote this exact passage“We will overturn the circuit court's findings of fact on appeal only when a complete review of the evidence leaves this Court with a definite and firm conviction that a mistake has been made.”
2 later decisions quote this exact passage“First, the court must determine what constitutes a reasonable attorney's fee. This requires consideration of[:] (1) the amount and value of the property involved[;] (2) the intricacy and importance of the litigation[;] (3) the labor and time involved[;] (4) the skill required to draw the pleadings and try the case[;] (5) the discovery utilized[;] (6) whether there were complicated legal problems[;] (7) the time required for the trial[;] and (8) whether briefs were required. Second, it must determine the necessity for such fee. That is, what portion of that fee, if any, should be allowed as costs to be paid by the opposing party. This requires consideration of the parties' relative worth, income, liquidity, and whether either party unreasonably increased the time spent on the case.”
1 later decision quote this exact passagee.g. Green v. Green
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.