Herring v. Welborn’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Therefore, this court determines that HULL signed a pleading, viz. UNIFUND’s original petition in this case, in violation of § 10.001(1), and that UNIFUND, because it ignored clear evidence of Villa’s prior-filed bankruptcy, was "implicated apart" from the attorney’s behavior. Therefore, this Court imposes the following sanctions on Hull's client, UNIFUND. TEX. CIV. PRAC. &REM. CODE § 10004(a). IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT: 1. Unifund CCR Partners shall pay to Javier Villa the sum of Eighteen Thousand Six Hundred Eighty Five ($18,685.00) Dollars, which shall encompass Villa’s costs for inconvenience and harassment caused by the subject litigation, according to TEX. CTV. PRAC. & REM. CODE § 10.002(c). 2. Unifund CCR Partners shall pay to Javier Villa the sum of Two Thousand Eight Hundred Seventy One ($2,871.00) Dollars, which shall encompass reasonable expenses and attorney’s fees incurred in presenting the motion for sanctions and defending UN-IFUND's pleadings, according to TEX. CTV. PRAC. & REM. CODE § 10.002(c). IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT: 4. This court finds that the foregoing sanctions are limited to what is sufficient to deter repetition of the sanctioned conduct practiced in this suit by Unifund CCR Partners.”

   1 later decision quote this exact passage
   e.g. Unifund CCR Partners v. Villa

2. “In those counties in which there is no statutory probate court, but in which there is a county court at law or other statutory court exercising the jurisdiction of a probate court, all applications, petitions, and motions regarding probate and administrations shall be filed and heard in those courts and the constitutional county court, rather than in the district courts, unless otherwise provided by law. The judge of a county court may hear any of those matters regarding probate or administrations sitting for the judge of any other county court. In contested probate matters, the judge of the constitutional county court may on the judge’s own motion, and shall on the motion of a party to the proceeding, transfer the proceeding to the county court at law or a statutory court exercising the jurisdiction of a probate court other than a statutory probate court. The court to which the proceeding is transferred may hear the proceeding as if originally filed in the court.”

   1 later decision quote this exact passage
   e.g. Musquiz v. Marroquin

3. “The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory’s best knowledge, information, and belief, formed after reasonable inquiry: (1) the pleading or motion is not being presented for any improper purpose, including to harass or to cause unnecessary delay or needless increase in the cost of litigation; [and] (2) each claim, defense, or other legal contention in the pleading or motion is warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law....”

   1 later decision quote this exact passage
   e.g. Hardy v. Mitchell