2012 UT App 142 - Berg v. Berg’s Empirical Analysis
2012
Citation profile
6
cited by 6 later decisions
1
states following
August 2024
most recently cited
6 state decisions
Relationships
Relies on 438 Main Street v. Easy Heat, Inc. · Armed Forces Insurance Exchange v. Harrison · Colman v. Colman · 2011 UT App 380 - State v. Davie · Hill v. Estate of Allred
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A trial court's application of rule 15(b) is a legal question that we review for correctness. However, because the trial court's determination of whether the issues were tried with all parties' implied consent is highly fact intensive, we grant the trial court a fairly broad measure of discretion in making that determination under a given set of facts.”
1 later decision quote this exact passage“no specifics of the prior litigation-such as the parties involved, the issues litigated, and whether a final judgment was entered-necessary to conduct an adequate res judicata analysis at trial or on appeal.”
1 later decision quote this exact passage“[when issues not raised by the pleading are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.”
1 later decision quote this exact passage
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.