Humphrey v. Christopher’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the county where the greater percentage of individual defendants included in the complaint resides, or, if there is no such greater percentage, the place where any individual defendant so named resides; or [[Image here]] (4) the county where either the principal office of a defendant organization is located or the office or agency of a defendant organization or individual to which the claim relates or out of which the claim arose is located, if one or more such organizations or individuals are included as defendants in the complaint; or [[Image here]] (6) the county or court fixed by written stipulations signed by all the parties named in the complaint or their attor neys and filed with the court before ruling on the motion to dismiss; or [[Image here]] (8) the county where a claim in the plaintiff's complaint may be commenced under any statute recognizing or creating a special or general remedy or proceeding; or [[Image here]] (10) the county where either one or more individual plaintiffs reside, the principal office of any plaintiff organization or governmental organization is located, or the office of any such plaintiff organization or governmental organization to which the claim relates or out of which the claim arose is located, if the case is not subject to the requirements of subsections (1) through (9) of this subdivision or if all the defendants are nonresident individuals or nonresident organizations without a principal office in the state.”

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Indiana State Board of Tax Commissioners v. Indiana Chamber of Commerce, Inc. · Linky v. Midwest Midrange Systems, Inc.

2. “Under Ind. Trial Rule 75, any case may be commenced in any county. Upon filing of a pleading or motion to dismiss for incorrect venue under T.R. 12(B)(3), however, the trial court must transfer the case to the county selected by the party which first files such motion or pleading if: 1) the court where the action was initially filed does not meet preferred venue requirements and 2) the county selected by the party which files the motion or pleading is a county of preferred venue. While we have recently reviewed a number of trial court decisions on transfer of venue under T.R. 75(A), we have not set forth a standard of review. When a motion brought under T.R. 12(B)(3) and T.R. 75 is granted, the remedy is not to dismiss the case, but to transfer it to the court where it should have been brought initially. As such, the trial court’s grant or denial of the motion is an interlocutory order because it is one ‘made in the progress of the cause, requiring something to be done or observed, but, not determining the controversy.’ ... We generally review interlocutory orders under an abuse of discretion standard ... and we find that standard .appropriate for the review of the grant or denial of a T.R. 12(B)(3) motion based oh improper venue under T.R. 75. An abuse of discretion may occur if the trial court’s decision is ‘clearly against the logic and effect of the facts and circumstances before the court, or if the trial court has misinterpreted the law.’”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Indiana State Board of Tax Commissioners v. Indiana Chamber of Commerce, Inc.

3. “An abuse of discretion may occur if the trial court's decision is clearly against the logic and effect of the facts and cireumstances before the court, or if the trial court has misinterpreted the law.”

   1 later decision quote this exact passage
   e.g. Linky v. Midwest Midrange Systems, Inc.