Usry v. Theusch’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. “[W]hen injuries are 'uncertain and based upon opinion . . . it is entirely within the province of the jury to find the amount of damages, if any, and it would be an invasion of the jury's function for the court to direct the finding of a certain amount.'”

   3 later decisions quote this exact passage
   e.g. Nesseth v. Omlid · Rittenour v. Gibson

2. “it acts in an arbitrary, unreasonable or unconscionable manner. A trial court acts in an arbitrary, unreasonable or unconscionable manner when its exercise of discretion is not "the product of a rational mental process by which the facts of record and law relied upon are stated and are considered together for the purpose of achieving a reasoned and reasonable determination," or, as alternatively stated, when it misinterprets or misapplies the law.”

   1 later decision quote this exact passage
   e.g. Barta v. Hinds

3. “When the sufficiency of the evidence to support a jury verdict is challenged, we will not invade the province of the jury to weigh the evidence or to determine the credibility of witnesses. Our review of questions of fact is limited to consideration of whether there is substantial evidence to sustain the jury’s verdict. In making that determination, we view the evidence in the light most favorable to the verdict.”

   1 later decision quote this exact passage
   e.g. Barnes v. Mitzel Builders, Inc.