Capps v. Weflen’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘We “will not consider an appeal in a multi-claim or multi-party case which disposes of fewer than all claims against all parties unless the trial court has first independently assessed the case and determined that a Rule 54(b) certification is appropriate.” ’ Pifer v. McDermott, 2012 ND 90, ¶ 9 , 816 N.W.2d 88 (quotation omitted). However, ‘[e]ven if the trial court does make the requisite determination under Rule 54(b), we are not bound by the court’s finding that “no just reason for delay exists.” ’ Pifer, at ¶ 9 (quotation omitted). ‘We will sua sponte review the court’s certification to determine if the court has abused its discretion.’ Id. (quotation omitted). ‘A district court abuses its discretion if it acts in an unreasonable, arbitrary, or unconscionable manner, if its decision is not the product of a rational mental process leading to a reasoned decision, or if it misinterprets or misapplies the law.’ Id. (quotation omitted).””

   2 later decisions quote this exact passage
   e.g. Baker v. Autos, Inc. · Greer v. Global Indus., Inc.

2. “(1) the relationship between the adjudicated and unadjudicated claims; (2) the possibility that the need for review might or might not be mooted by future developments in the district court; (3) the possibility that the reviewing court might be obliged to consider the same issue a second time; (4) the presence or absence of a claim or counterclaim which could result in setoff against the judgment sought to be made final; (5) miscellaneous factors such as delay, economic and solvency considerations, shortening the time of trial, frivolity of competing claims, expense, and the like.”

   1 later decision quote this exact passage
   e.g. Greer v. Global Indus., Inc.