Peterson v. Zerr’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 47 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the party seeking summary judgment has the burden of showing that there is no genuine issue of material fact, the party resisting the motion may not simply rely upon the pleadings. Nor may the opposing party rely upon unsupported, conclusory allegations. The resisting party must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact and must, if appropriate, draw the court’s attention to relevant evidence in the record by setting out the page and line in depositions or other comparable documents containing testimony or evidence raising an issue of material fact. In summary judgment proceedings, neither the trial court nor the appellate court has any obligation, duty, or responsibility to search the record for evidence opposing the motion for summary judgment. The opposing party must also explain the connection between the factual assertions and the legal theories in the case, and cannot leave to the court the chore of divining what facts are relevant or why facts are relevant, let alone material, to the claim for relief.”

   14 later decisions quote this exact passage
   e.g. Mr. G's Turtle Mountain Lodge, Inc. v. Roland Township · Skjervem v. Minot State University

2. ““In civil actions the court shall, upon a finding that a claim for relief was frivolous, award reasonable actual and statutory costs, including reasonable attorney’s fees to the prevailing party. Such costs must be awarded regardless of the good faith of the attorney or party making the claim for relief if there is such a complete absence of actual facts or law that a reasonable person could not have thought a court would render judgment in their favor, providing the prevailing party has in responsive pleading alleged the frivolous nature of the claim. This subsection does not require the award of costs or fees against an attorney or party advancing a claim unwarrant-éd under existing law, if it is supported by a good faith argument for an extension, modification, or reversal of the existing law.””

   3 later decisions quote this exact passage
   e.g. Jensen v. Zuern · Strom-Sell v. Council for Concerned Citizens, Inc.

3. ““The statute allows the court discretion to award costs and attorney’s fees if a claim is determined to be frivolous.... A claim is frivolous when there is such a complete, absence of actual facts or law that a reasonable person could not have expected that a court would render judgment in his favor.... Affirmance of a summary judgment on appeal does not mean that a claim is frivolous.... An award of attorney’s fees under Section 28-26-01(2) lies within the sound discretion of the trial court, and its determination will be disturbed on appeal, only for an abuse of that discretion.” [Citations omitted.]”

   1 later decision quote this exact passage
   e.g. Jensen v. Zuern