Davis v. Westphal’s Empirical Analysis
2017
Citation profile
69 state decisions
Relationships
Relies on Bruner v. Yellowstone County · The President Recorder and Trustees of the City of Cincinnati v. The Lessee of Edward White · 187 Cal. App. 3d 1463 - Miller v. National Broadcasting Co. · Sunburst School District No. 2 v. Texaco, Inc. · Shammel v. Canyon Resources Corp.
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[E]ven on proof of any grounds enumerated in § 27-19-201, MCA, a preliminary injunction should not issue absent an accompanying prima facie showing, or showing that it is at least uncertain, that the applicant will suffer irreparable injury prior to final resolution on the merits. Porter [v. K & S Partnership] , 192 Mont. [175] at 181, 627 P.2d [836] at 839 ; Rea Bros. Sheep Co. v. Rudi , 46 Mont. 149 , 160, 127 P. 85 , 87 (1912).”
1 later decision quote this exact passage · from the majority“[t]he grant or denial of permanent or preliminary injunctive relief is highly discretionary and critically dependent on the particular facts, circumstances, and equities of each case,”
1 later decision quote this exact passage · from the majoritye.g. Simpkins v. Speck“The grant or denial of injunctive relief is a matter within the broad discretion of the district court based on applicable findings of fact and conclusions of law.”
1 later decision quote this exact passage · from the majority
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.