Elliott v. James’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “for the division between the parties of their property, including retirement benefits, whether joint or separate, acquired only during marriage, in a just manner and without regard to which of the parties is in fault; however, the court, in making the division, may invade the property, including retirement benefits, of either spouse acquired before marriage when the balancing of the equities between the parties requires it....”

   1 later decision quote this exact passage · from the majority
   e.g. McLaren v. McLaren

2. “The elements of unreasonable depletion are '(1) use of personal property for the spouse's own benefit, (2) at a time when the marriage is breaking down (either before or after separation), (3) with an intent to deprive the other spouse of the other's share of the marital property.' Not all of the identified elements need to be present in each case.”

   1 later decision quote this exact passage · from the majority
   e.g. Gambini v. Hamilton

3. “the conduct of the parties, including whether there has been unreasonable depletion of marital assets”

   1 later decision quote this exact passage · from the majority
   e.g. Gambini v. Hamilton