Smyth v. Hester’s Empirical Analysis

Citation profile

19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless; (2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless, or (3) litigated the action in bad faith.”

   11 later decisions quote this exact passage
   e.g. South Indiana Propane Gas, Inc. v. John Caffrey and Leola Caffrey · Thomas A. Neu and Elizabeth A. Neu, and Wells Fargo Bank, N.A. v. Brett Gibson

2. “Indiana follows the 'American Rule, whereby parties are required to pay their own attorney fees absent an agreement between the parties, statutory authority, or other rule to the contrary.”

   2 later decisions quote this exact passage
   e.g. McClure & O'Farrell, P.C. v. Grigsby · Hirsch v. Oliver

3. “some questionable litigation tactics that might support the trial court's exercise of its discretion to award attorney fees. However, our review in that regard is impaired by the fact that the order appealed does not provide us with any insight as to the trial court's reason for the award of attorney fees in this case, ie., what the trial court found to be frivolous, unreasonable, and bad faith conduct. Accordingly, we remand to the trial court for further consideration and explanation of its judgment in that regard.”

   1 later decision quote this exact passage
   e.g. Indiana High School Athletic Ass'n v. Schafer