Miller v. LHKM’s Empirical Analysis

Citation profile

1 district · 9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “include whether the facts are related in time, space, origin, or motivation; whether they form a convenient trial unit; and whether their treatment as a unit conforms to the parties' expectations or business understanding or usage.”

   3 later decisions quote this exact passage
   e.g. Ellingstad v. State, Department of Natural Resources · C.J. v. State, Department of Corrections

2. “[Ajssume that A and B sue X on a contract claim; and X pleads a permissive counterclaim for damages caused by the negligence of A and B. A may plead a cross-claim against B to the effect that B is liable to A for all or part of X’s claim. A’s claim is related to X’s counterclaim, but it has certain characteristics of an independent claim, since it in no way affects X. If B, now an opposing party to A on the cross-claim also has a claim against A, which arises out of the same transaction or occurrence that is the subject matter of A’s cross-claim against him, such a claim is a counterclaim within subdivision (a) and must be pleaded, unless within an exception thereto.”

   1 later decision quote this exact passage
   e.g. Rainbow Management Group, Ltd. v. Atlantis Submarines Hawaii, L.P.

3. “A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim_”

   1 later decision quote this exact passage
   e.g. Andrews v. Wade & De Young, Inc., P.C.