94 N.C. App. 367 - Cotton v. Stanley’s Empirical Analysis
1989
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently June 2018
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Concrete Service Corp. v. Investors Group, Inc. · Concrete Service Corp. v. Investors Group, Inc. · Winston Realty Co., Inc. v. GHG, INC. · Crump v. Bd. of Education · Matter of Computer Tech. Corp.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any suit instituted by a person who alleges that the defendant violated G.S. 75-1.1, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the prevailing party, such attorney fee to be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that: (1) The party charged with the violation has willfully engaged in the act or practice, and there was an unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such suit; or (2) The party instituting the action knew, or should have known, the action was frivolous and malicious. One purpose for the statute authorizing attorneys’ fees is to encourage individuals to bring valid actions to enforce the statute by making such actions economically feasible. Whether to award or deny these fees is within the sound discretion of the trial judge. Once the court decides to award attorneys’ fees, however, it must award reasonable attorneys’ fees. Furthermore, in order for the appellate court to determine if the statutory award of attorneys’ fees is reasonable, the record must contain findings of fact as to'the time and labor expended, the skill required, the customary fee for like work, and the experience or ability of the attorney.”
1 later decision quote this exact passage“the trial court may include fees for services rendered at all stages of the litigation.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.