Miller v. Sears’s Empirical Analysis
1981
Citation profile
68 state decisions
How this case has been cited
Cited by 69 later decisions — most recently September 2024 · most notably Aiello v. Ed Saxe Real Estate, Inc. (1985), Metcalfe v. Talarski (1989)
68 state decisions
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 69 Cal. 2d 17 - Trafton v. Youngblood · Malvo Ex Rel. Malvo v. J. C. Penney Co. · Holiday Inns of America, Inc. v. Peck · 19 Ill. 2d 108 - McFail v. Braden · Van Orman v. Nelson
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an obvious mistake has been made which creates a high likelihood that injustice has resulted.”
7 later decisions quote this exact passage“Absent extraordinary circumstances, such as bad faith or reprehensible conduct, not existing here, the prevailing party may receive as costs only those expert witness fees specified in Administrative Rule 9(c) [current Rule 7(c) ].... The intent of Rule 9(c) is to limit the fees which can be taxed as costs to those specified in the rule. Costs in excess of those specified or which do not meet the conditions of the rule are, like many other litigation costs, not recoverable from the losing party.”
1 later decision quote this exact passage“Absent extraordinary circumstances, such as bad faith or reprehensible conduct, not existing here, the prevailing party may receive as costs only those expert witness fees specified in Administrative Rule 9(c) [recodified as 7(c) ]; fees for an expert who does not testify, or fees for necessary preparation time for an expert who does testify may not be recovered.”
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.