Ladner v. Ladner’s Empirical Analysis

Citation profile

28 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “manifestly wrong, clearly erroneous, or an erroneous legal standard was applied.”

   3 later decisions quote this exact passage
   e.g. In Re Conservatorship of Hester · 987 So. 2d 486 - In Re Estate of Hathorne

2. “Assessment of attorney fees and costs against attorney or party for meritless action, claim or defense, unwarranted delay, or unnecessary proceedings[:] (1) Except as otherwise provided in this chapter, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorney's fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action, or asserted any claim or defense, that is without substantial justification, or that the action, or any claim or defense asserted, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including, but not limited to, abuse of discovery procedures available under the Mississippi Rules of Civil Procedure. (2) No attorney's fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within a reasonable time after the attorney or party filing the action, claim or defense knows or reasonably should have known that it would not prevail on the action, claim or defense. [7] (3) When a court determines reasonable attorney's fees or costs should be assessed, it shall assess the payment against the offending attorneys or parties, or both, and in its discretion may allocate the payment among them, as ”

   1 later decision quote this exact passage
   e.g. 965 So. 2d 1041 - Choctaw, Inc. v. Campbell-Cherry-Harrison

3. “[a] party attempting to prove that an inter vivos gift was made must show ... by clear and convincing evidence [that]: (1) ..'. the donor was competent to make a gift; (2) ... the donation was a voluntary act and the donor had dona-tive intent; (3) ... the gift [was] complete and not conditional; (4) ... delivery was made; and (5) ... the gift was irrevocable.”

   1 later decision quote this exact passage
   e.g. 190 So. 3d 884 - Clint D. Ferrara v. Melissa Kay Bowers Ferrara