Johnson v. Miller’s Empirical Analysis

Citation profile

1 district · 28 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We review a trial court's ruling on the allowance or disallowance of costs and attorney fees under an abuse of discretion standard.”

   2 later decisions quote this exact passage
   e.g. Bingham Farms Trust v. City of Belle Fourche · In Re Heupel Family Revocable Trust Dated Mar. 23, 1999

2. “An action is malicious if it is begun in malice, and without probable cause to believe it can succeed, and which finally ends in failure. Malice exists when the proceedings are instituted primarily for an improper purpose. An improper purpose occurs in situations where: the plaintiff in the original action was actuated by any unjustifiable motive, as where he did not believe his claim would be held valid, or where his primary motive was hostility or ill will, or where his sole purpose was to deprive the defendant of a beneficial use of his property or to force a settlement having no relation to the merits of the claim.”

   1 later decision quote this exact passage
   e.g. Harvieux v. Progressive N. Ins. Co.

3. “exists when the proponent can present no rational argument based on the evidence or law in support of the claim. To fall to the level of frivolousness there must be such a deficiency in fact or law that no reasonable person could expect a favorable judicial ruling. Frivolousness connotes an improper motive or a legal position so wholly without merit as to be ridiculous.”

   1 later decision quote this exact passage
   e.g. Harvieux v. Progressive N. Ins. Co.