Berry v. Berry’s Empirical Analysis

Citation profile

82 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]t is clear from the record in this case that twelve additional years of work following divorce, which included some twelve to fourteen pay raises, plus union contract negotiations for an improved benefits plan, brought about the increase in retirement benefits paid to Mr. Berry. These post-divorce increases cannot be awarded to Mrs. Berry, for to do so would invade Mr. Berry’s separate property, which cannot be done. Cameron v. Cameron, 641 S.W.2d 210 (Tex.1982).”

   5 later decisions quote this exact passage
   e.g. Shill v. Shill · Phillips v. Parrish

2. “as would have existed at the time of divorce,”

   2 later decisions quote this exact passage
   e.g. Shill v. Shill · Gainous v. Gainous

3. “Taggart only held that the divorced wife ‘owned as her part of the community estate a share in the contingent right to military benefits even though that right had not matured at the time of the divorce.’ Id. at 423 . It is true that this Court did apply a formula based on the number of months in which marriage coincided with employment, divided by the number of months Taggart was in the Navy. We did not, however, determine whether the community’s interest in retirement benefits should be valued as of the date of divorce, as opposed to the time the benefits were actually received. Thus, the courts of appeals’ reliance on Taggart was misplaced.”

   1 later decision quote this exact passage
   e.g. Stanley Freeman, Sr. v. Sumiko A. Freeman