Schlinger v. McGhee’s Empirical Analysis

Citation profile

2 district · 13 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he elements of unjust enrichment are: 1) valuable services were rendered; 2) to the party to be charged; 3) which services were accepted, used and enjoyed by the charged party; and 4) under circumstances that reasonably notified the party being charged that the other party would expect payment for the services.”

   3 later decisions quote this exact passage
   e.g. Montierth v. Deutsche Bank Nat'l Trust Co. · Curtis F. Symons v. Wayne R. Heaton and Timothy S. Tarver, Co-Administrators of the Estate of Gary L. Plachek

2. “a lawfully enforceable contract, an unjustified failure to timely perform all or any part of what is promised therein, and entitlement of injured party to damages.”

   1 later decision quote this exact passage
   e.g. Larson v. Burton Constr., Inc.

3. “Damages must be proven with a reasonable degree of certainty, and a court may not resort to speculation or conjecture in determining the proper amount to award.”

   1 later decision quote this exact passage
   e.g. Berthel Land & Livestock v. Rockies Express Pipeline LLC