Prospect Development Co. v. Bershader’s Empirical Analysis

Citation profile

7 federal appellate · 117 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For example, we have permitted a prevailing party, who prosecuted a cause of action for malicious prosecution or false imprisonment, to recover attorney's fees. Burruss v. Hines, 94 Va. 413, 420 , 26 S.E. 875, 878 (1897); Bolton v. Vellines, 94 Va. 393, 404 , 26 S.E. 847, 850 (1897). We have held that "where a breach of contract has forced the plaintiff to maintain or defend a suit with a third person, he may recover the counsel fees incurred by him in the former suit provided they are reasonable in amount and reasonably incurred." Owen v. Shelton, 221 Va. 1051, 1055-56 , 277 S.E.2d 189, 192 (1981); accord Fidelity Nat. Title Ins. Co. v. Southern Heritage Title Ins. Agency, Inc., 257 Va. 246, 253-54 , 512 S.E.2d 553, 557-58 (1999); Hiss v. Friedberg, 201 Va. 572, 577-78 , 112 S.E.2d 871, 875-76 (1960). We have permitted a trustee, who defended his trust in good faith, to recover attorney's fees from the estate, Cooper v. Brodie, 253 Va. 38, 44 , 480 S.E.2d 101, 104 (1997), and we have approved an award of attorney's fees in certain cases involving alimony and support disputes even though such awards of attorney's fees were neither authorized by statute nor by contract. See Carswell v. Masterson, 224 Va. 329, 331-32 , 295 S.E.2d 899, 900-01 (1982); Alig v. Alig, 220 Va. 80, 86 , 255 S.E.2d 494, 498 (1979); McKeel v. McKeel, 185 Va. 108, 116-17 , 37 S.E.2d 746, 750-51 (1946); McClaugherty v. McClaugherty, 180 Va. 51, 69 , 21 S.E.2d 761, 768 (1942); Heflin v. Heflin, 177 Va. 385”

   3 later decisions quote this exact passage · from the majority
   e.g. Oswald v. Holtzman · 164 F. Supp. 2d 743 - Rambus, Inc. v. Infineon Technologies AG

2. “[A] litigant who prosecutes a cause of action for actual fraud must prove by clear and convincing evidence: (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled.”

   3 later decisions quote this exact passage · from the majority
   e.g. Wallace v. Patillo · State Farm Mut. Auto. Ins. Co. v. Remley

3. “in a fraud suit, a chancellor, in the exercise of his * discretion, may award attorney's fees to a defrauded party.”

   3 later decisions quote this exact passage · from the majority
   e.g. MCR Federal, LLC v. JB&A, Inc. · City of Virginia Beach v. Nala Corp.