Wicklund v. Sundheim’s Empirical Analysis

Citation profile

30 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 general rule in Montana is that this Court will not address either an issue raised for the first time on appeal or a party’s change in legal theory. The basis for the general rule is that “it is fundamentally unfair to fault the trial court for failing to rule correctly on an issue it was never given the opportunity to consider.””

   1 later decision quote this exact passage · from the majority
   e.g. Larson v. Larson

2. “Where an agreement involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance ** accepted or acquiesced in without objection is given great weight in the interpretation of the agreement”

   1 later decision quote this exact passage · from the majority
   e.g. Miller v. Kleppen

3. “To determine whether laches applies, a court must find: (1) the party against whom the defense is asserted lacked diligence in asserting a claim; and (2) that lack of diligence resulted in prejudice to the party asserting the defense.”

   1 later decision quote this exact passage · from the majority
   e.g. Carter v. Badrock RFD