Herrick v. Theberge’s Empirical Analysis

Citation profile

2 district · 14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(h) Requirements for Affidavits. Affidavits required by this rule shall set forth specific facts sufficient to warrant the required findings and shall be upon the affiant’s own knowledge, information or belief; and, so far as upon information and belief, shall state that he believes this information to be true.”

   2 later decisions quote this exact passage
   e.g. Carlson v. Rice · Burns v. Smith

2. “To satisfy the reasonable likelihood requirement, plaintiffs need only have had a “mere probability of success or a favorable chance of success." The attachment may be approved so long as plaintiffs’ claim is not of "such insubstantial character that its invalidity so clearly appears as to foreclose a reasonable possibility of recovery.” The limited showing required of plaintiffs, combined with the "clear abuse of discretion” standard of review, necessitates reversal of a Superior Court order granting an attachment only in the relatively rare cases where the record before the Superior Court shows the plaintiffs to have had virtually no chance of recovery on their claim.”

   1 later decision quote this exact passage
   e.g. Burns v. Smith

3. “The attachment may be approved so long as plaintiffs’ claim is not of”

   1 later decision quote this exact passage
   e.g. Burns v. Smith