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← 424 NE2D 127 - Cox v. Ubik

Cox v. Ubik’s Empirical Analysis

1981

Citation profile

45
cited by 45 later decisions
1
states following
January 2018
most recently cited

45 state decisions

How this case has been cited

Cited by 45 later decisions — most recently January 2018 · most notably Briggs v. Clinton County Bank & Trust Co. of Frankfort (1983), Indiana & Michigan Electric Co. v. Terre Haute Industries, Inc. (1987)

45 state decisions

2901981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Hall v. Cole · 158 Ind. App. 272 - Saint Joseph's College v. Morrison, Inc. · Trotcky v. Van Sickle · State v. Everett Holder · 174 Ind. App. 559 - Kizer v. Davis

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

  1. “"[T]o constitute bad faith or obdurate behavior for the purpose of awarding attorney fees, conduct must be `vexatious and oppressive in the extreme' [ St. Joseph's College v. Morrison, Inc., (1973)] 158 Ind. App. 272, 280 , 302 N.E.2d 865, 871. The reasons for such a strict standard are twofold. First, allowance of attorney fees, absent statute or agreement, is an exception to a longstanding rule in Indiana that litigants must pay their own counsel fees. See, Trotcky v. Van Sickle, supra . Second, the nature of an attorney fee award under the bad faith exception is punitive, designed to reimburse a prevailing party who has been dragged into baseless litigation and thereby subjected to great expense. See, Hall v. Cole, (1973) 412 U.S. 1 , 93 S.Ct. 1943 , 36 L.Ed.2d 702 ." (emphasis added.)”
    4 later decisions quote this exact passage
  2. “vexatious and oppressive in the extreme.”
    2 later decisions quote this exact passage
  3. ““[W]here a trial court makes findings of fact and conclusions of law, this Court will set aside that judgment only if it is clearly erroneous. Lawrence v. Ball State University Bd. (1980), Ind.App., 400 N.E.2d 179 . The trial court judgment is presumed to be correct and the appellant has the burden of showing error. On review, this Court grants great deference to the trial court’s ability to judge the credibility of the witnesses and to weigh the evidence. As such, this Court will not rejudge the credibility of the witnesses or reweigh the evidence but will view that evidence in a light most favorable to the trial court’s decision including any reasonable inferences drawn from that evidence. State v. King (1980), Ind.App., 413 N.E.2d 1016 . Consequently, the trial court decision will be accepted if it is supported by evidence of probative value. Matter of Leckrone (1980), Ind.App., 413 N.E.2d 977 .””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.