Datz v. Dosch’s Empirical Analysis

Citation profile

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

1. “The law presumes a judge is unbiased and not prejudiced. We have said [a] ruling adverse to a party in the same or prior proceeding does not render a judge biased so as to require disqualification. The test for the appearance of impartiality is one of reasonableness and recusal is not required in response to spurious or vague charges of impartiality.”

   2 later decisions quote this exact passage
   e.g. Rath v. Rath · Rath v. Rath

2. “• He frivolously claimed entitlement to $400 rent from each tenant when the lease unambiguously states that the total rent due from all tenants is $400 per year. • He frivolously claimed the lease was subject to the 10-year limitation in N.D.C.C. § 47-16-02 when the law, for multiple reasons, clearly provides that the lease is not subject to that provision. • He frivolously claimed he was entitled to eviction for the alleged breach of section 8 of the lease when he failed to follow the fundamental written notice requirement needéd to seek eviction under that section and, furthermore, the claims had no factual support. • He frivolously claimed he was entitled to eviction under section 6 of the lease when none of the breaches he alleged could arguably constitute a material breach. • He frivolously attempted to advance multiple unpleaded claims at trial. Simply stated, there was such a complete absence of actual facts or law in support of Stephen’s claims that a reasonable person could not have thought a court would render judgment in his favor. Furthermore, the evidence showed that Stephen did not make the claims in good faith, but to harass his brothers because of unrelated disputes and family tensions.”

   1 later decision quote this exact passage
   e.g. Zundel v. Zundel

3. “we have stated that '[a]n erroneous opinion as to the merits of the case or the law relating to the proceedings is not evidence of bias.'”

   1 later decision quote this exact passage
   e.g. Smithberg v. Smithberg