State v. Bircher’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. “[the trial court cannot properly vary the jury's award and enter judgment for a different amount unless it finds, as a matter of law, that the damages awarded were excessive or inadequate. Weenig v. Wood, (1976) 169 Ind.App. at 450-451, 349 N.E.2d at 257.”

   2 later decisions quote this exact passage
   e.g. Sanders v. Cole Municipal Finance · Planned Parenthood of Northwest Indiana, Inc. v. Vines

2. “"TRIAL RULE 59. MOTION TO CORRECT ERROR [[Image here]] (J) Relief Granted on Motion to Correct Error. The court, if it determines that prejudicial or harmful error has been committed, shall take such action as will cure the error, including without limitation the following with respect to all or some of the parties and all or some of the errors: (1) Grant a new trial; (2) Enter final judgment; (8) Alter, amend, modify or correct judgment; (4) Amend or correct the findings or judgment as provided in Rule 52(B); (5) In the case of excessive or inadequate damages, enter final judgment on the evidence for the amount of the proper damages, grant a new trial, or grant a new trial subject to additur or remittitur; (6) Grant any other appropriate relief, or make subject to condition; or (7) In reviewing the evidence, the court shall grant a new trial if it determines that the verdiet of a non-advisory jury is against the weight of the evidence; and shall enter judgment, subject to the provisions herein, if the court determines that the verdict of a non-advisory jury is clearly erroneous as contrary to or not supported by the evidence, or if the court determines that the findings and judgment upon issues tried without a jury or with an advisory jury are against the weight of the evidence."”

   1 later decision quote this exact passage
   e.g. Sanders v. Cole Municipal Finance

3. “"However, if, in the case of trial, the amount of damages awarded to the defendant by judgment, exclusive of interest and costs, is greater than the amount specified in the last offer of settlement made by plaintiff under section 8.1 of the chapter, the court shall allow the defendant his litigation expenses in an amount not to exceed twenty-five hundred dollars ($2,500).””

   1 later decision quote this exact passage
   e.g. State v. Hicks