White v. Bain’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, we determine whether the trial court’s findings of fact were clearly erroneous. We will not set aside the trial court’s findings of fact unless, after reviewing all of the evidence, we are left with a definite and firm conviction that a mistake has been made. Furthermore, the credibility of the witnesses, the import to be accorded their testimony, and the weight of the evidence must be determined by the trial court, and we give due regard to the trial court’s opportunity to observe the witnesses and examine the evidence. If the trial court’s findings of fact are not clearly erroneous, we must then determine whether the trial court abused its discretion in granting or denying the protection order.”

   3 later decisions quote this exact passage · from the majority
   e.g. Shroyer v. Fanning · Repp v. Van Someren

2. “The doctrine of res judicata serves as claim preclusion to prevent relitigation of an issue actually litigated or which could have been properly raised and determined in a prior action. For purposes of res judicata, a cause of action is comprised of the facts which give rise to, or establish, the right a party seeks to enforce.... [T]he test is a query into whether the wrong sought to be redressed is the same in both actions. Res judicata, which embodies the concepts of merger and bar, is therefore broader than the issue preclusion of collateral estoppel. Res judicata bars an attempt to reliti-gate a prior determined cause of action by the parties, or one of the parties in privity, to a party in the earlier suit. Res judicata is premised upon two maxims: A person should not be twice vexed for the same cause and public policy is best served when litigation has a repose. These maxims are served when the parties have had a fair opportunity to place their claims in the prior litigation.”

   1 later decision quote this exact passage · from the majority
   e.g. MacK v. Trautner

3. “The court: Well, it’s clear that these folks had a dysfunctional relationship over the course of two years. It’s hard for me to understand why either of them continued to stay in the relationship as long as they did. And while it may be that [Van Someren] is leaving the area and removing himself from a situation where he might be involved with perhaps an inadvertent contact, I think the escalating nature of the relationship itself and the controlling nature — and I understand and certainly agree that there’s some fault on both sides as relates to the relationship. But I think that [Repp] has met her burden by a preponderance of the evidence that stalking has occurred here. There was an accelerating level of control being exhibited by [Van Someren] here. The fact that he’s moving on, moving away from here, although it should provide some comfort as far as a likelihood of future contact, doesn’t negate the need for a protection order and I’m going to grant it.”

   1 later decision quote this exact passage · from the majority
   e.g. Repp v. Van Someren