768 So. 2d 356 - James v. James’s Empirical Analysis

Citation profile

5 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The “American Rule” of awarding attorney fees has been that a party must pay his own attorney’s fee, and in the vast majority of situations this is the proper rule. Reynolds v. First Alabama Bank of Montgomery, 471 So.2d 1238, 1240 (Ala.1985). However, Alabama law has made exceptions to the American Rule: “In Alabama, attorneys’ fees are recoverable only where authorized by statute, when provided [for] in a contract, or by special equity, such as in a proceeding where the efforts of an attorney create a fund out of which fees may be made. Shelby County Commission v. Smith, 372 So.2d 1092 (Ala.1979); State ex rel. Payne v. Empire Life Ins. Co., 351 So.2d 538 (Ala.1977).” Eagerton v. Williams, 433 So.2d 436, 450 (Ala.1983), quoted in Reynolds, 471 So.2d at 1241 .”

   1 later decision quote this exact passage
   e.g. Sharpe v. Wells Fargo Home Mortgage (In Re Sharpe)

2. “Before a shareholder can be awarded damages on a derivative claim, the shareholder must make a presuit demand on the board of directors of the corporation to correct the wrongs alleged, so that the corporation can deal with the problems internally if possible.”

   1 later decision quote this exact passage
   e.g. 942 So. 2d 337 - Balwin County Electric v. Catrett