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← 2010 MT 167 - Emmerson v. Walker

Emmerson v. Walker’s Empirical Analysis

2010

Citation profile

37
cited by 37 later decisions
1
states following
July 2025
most recently cited

6 district · 31 state decisions

Relationships

Applies 26 U.S.C. § 1031

Relies on State v. Finley · State v. Gallagher · Seltzer v. Morton · People v. Tillery · Maloney v. Home and Investment Center, Inc.

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

  1. “In a lawsuit involving multiple claims or multiple theories, an award of attorney's fees must be based on the time spent by the prevailing party's attorney on the claim or theory under which attorney fees are allowable.”
    2 later decisions quote this exact passage · from the majority
  2. “sparingly and only in those limited situations where failure to review the alleged error may result in a manifest miscarriage of justice or compromise the integrity of the judicial process.”
    1 later decision quote this exact passage · from the majority
    e.g. In Re DKD
  3. “The doctrine is invoked `sparingly' in criminal cases and `only on rare occasion' in civil cases.”
    1 later decision quote this exact passage · from the majority
    e.g. In Re DKD

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.