Strand v. Cass County’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Representations to Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,— (1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support or are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or are reasonably based on a lack of information or belief.”

   3 later decisions quote this exact passage
   e.g. In Re Pederson Trust · Pederson v. Wells Fargo Bank

2. “A claim for relief is frivolous under N.D.C.C. § 28-26-01(2) only if there is such a complete absence of actual facts or law a reasonable person could not have expected a court would render a judgment in that person's favor.”

   3 later decisions quote this exact passage
   e.g. Botteicher v. Becker · In re Estate of Hogen

3. “• He frivolously claimed entitlement to $400 rent from each tenant when the lease unambiguously states that the total rent due from all tenants is $400 per year. • He frivolously claimed the lease was subject to the 10-year limitation in N.D.C.C. § 47-16-02 when the law, for multiple reasons, clearly provides that the lease is not subject to that provision. • He frivolously claimed he was entitled to eviction for the alleged breach of section 8 of the lease when he failed to follow the fundamental written notice requirement needéd to seek eviction under that section and, furthermore, the claims had no factual support. • He frivolously claimed he was entitled to eviction under section 6 of the lease when none of the breaches he alleged could arguably constitute a material breach. • He frivolously attempted to advance multiple unpleaded claims at trial. Simply stated, there was such a complete absence of actual facts or law in support of Stephen’s claims that a reasonable person could not have thought a court would render judgment in his favor. Furthermore, the evidence showed that Stephen did not make the claims in good faith, but to harass his brothers because of unrelated disputes and family tensions.”

   2 later decisions quote this exact passage
   e.g. Zundel v. Zundel · Burris Carpet Plus, Inc. v. Burris