Rea v. Moore’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An abuse of discretion occurs when the court's order is clearly against the logic of the circumstances and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration.” Rea v. Moore, 74 S.W.3d 795, 799 (Mo.App. S.D.2002) (quoting Brown v. Kirk-ham, 23 • S.W.3d 880, 882-83 (Mo.App. W.D.2000)). (We have shown the quotation as it appears in Tuckness’ brief without notations to grammatical, punctuation or other errors.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Ajh Ex Rel. Mjh v. Mahs · Tuckness v. Adams

2. “A trial court has the inherent power to enforce compliance with its reasonable orders and may, at its discretion, impose sanctions when they are justified, considering the conduct of the parties and counsel. A court has the inherent power to sanction bad faith conduct, probably by way of awarding attorney’s fees, on analogy to the power to award attorney’s fees related to prosecuting a contemnor. The imposition of sanctions ... transcends a court’s equitable power concerning relations between the parties and reaches a court’s inherent power to police itself, thus serving the dual purpose of vindicating judicial authority without resort to the more drastic sanctions available for contempt of court and making the prevailing party whole for expenses caused by this opponent’s obstinacy. A court must, of course, exercise caution in invoking its inherent power, and it must comply with mandates of due process, both in determining that the requisite bad faith exists and in assessing fees. The existence of sanctioning schemes established by rule or statute does not displace the inherent power of the court to impose sanctions for bad faith conduct. The inherent power of a court can be invoked even if procedural rules exist which sanction the same conduct.”

   1 later decision quote this exact passage · from the majority
   e.g. Francis v. Wieland

3. “when “it can be demonstrated, clearly .and convincingly, that a party has sen-tiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier or unfairly hampering the presentation of the opposing party’s claim or defense.””

   1 later decision quote this exact passage · from the majority
   e.g. Stephen J. Hale v. Cottrell, Inc., Auto Handling Corporation and Pacific Motor Trucking Company