Kass v. Kass’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(i) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members * *.”

   2 later decisions quote this exact passage
   e.g. Hall v. Hall · Bjergum v. Bjergum

2. “[U]se of the phrase “infliction of fear” in the statute implies that the legislature intended that there be some overt action to indicate that appellant intended [emphasis in original] to put respondent in fear of imminent [emphasis supplied] physical harm. * * * Thus, we construe the definition of “domestic abuse” under Minnesota’s Domestic Abuse Act to require either a showing of present harm, or an intention on the part of appellant to do present harm. Although we sympathize with respondent’s concern for her safety founded upon bad experiences of the past, those experiences are, by respondent’s own admission, four years old. Even if we view the facts in the light most favorable to respondent, and accept that there was domestic abuse in the past and that appellant [was the person following the respondent’s car], the record is devoid of any showing of appellant’s present intention to do harm or inflict fear of harm. [Emphasis supplied.] Thus, we find no record to justify the issuance of a restraining order merely based upon respondent seeing appellant on a public street for the first time in four years.”

   1 later decision quote this exact passage
   e.g. Bjergum v. Bjergum