Lyle v. Mangar’s Empirical Analysis

Citation profile

1 district · 9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The landlord forfeits the right to retain any portion of the security deposit, id. § 6033(3); and 2. In any proceeding to collect the security deposit, which the tenant may commence after giving the landlord written notice of the intent to file suit, the landlord is presumed to have wrongfully withheld the deposit, if the entire deposit was not provided to the tenant within seven days of that notice, id. § 6034(1). In such a proceeding, A. The landlord bears the burden of proving that the withholding was not wrongful, id. § 6034(3); and B. If the landlord fails to meet the burden of proof, the landlord will be held “liable for double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney’s fees and court costs,” id. § 6034(2).”

   1 later decision quote this exact passage
   e.g. Edwina Jones v. Cost Management, Inc.

2. “If the landlord fails to return the security deposit and provide the itemized statement within [thirty days of the end of the lease period in a written rental agreement], the tenant shall give notice to the landlord of the tenant’s intention to bring a legal action no less than 7 days prior to commencing the action. If the landlord fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is wrongfully retaining the security deposit.”

   1 later decision quote this exact passage
   e.g. Edwina Jones v. Cost Management, Inc.

3. “A presumption serves to shift the burden of going forward with evidence to the party against whom the presumption lies.”) (citation omitted); and Michigan, Widmayer v. Leonard, 422 Mich. 280 , 373 N.W.2d 538, 542 (1985) (”

   1 later decision quote this exact passage
   e.g. 73 F. Supp. 3d 617 - Gumbs-Heyliger v. CMW & Associates Corp.