Locken v. Locken’s Empirical Analysis
1982
Citation profile
16 district · 20 state decisions
How this case has been cited
Cited by 44 later decisions — most recently May 2017 · most notably Shuette v. Beazer Homes Holdings Corp. (2005), Bemis v. Estate of Bemis (1998)
16 district · 20 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
Applies 43 U.S.C. § 321
Relies on Loughran v. Loughran · Magill v. Lewis · 322 F. Supp. 963 - Xerox Corporation v. Dennison Manufacturing Company · Schmidt v. Merriweather · Davidson v. Streeter
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`[a] constructive trust is a remedial device by which the holder of legal title to property is held to be a trustee of that property for the benefit of another who in good conscience is entitled to it'”
2 later decisions quote this exact passage · from the majority“18.010 Award of attorney’s fees. 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. 2. The court may make an allowance of attorney’s fees to: (a) The plaintiff as prevailing party when the plaintiff has not recovered more than $10,000; or (b) The counterclaimant as prevailing party when he has not recovered more than $10,000; or (c) The defendant as prevailing party when the plaintiff has not sought recovery in excess $10,000.”
1 later decision quote this exact passage · from the majoritye.g. Rowland v. Lepire“(1) a confidential relationship exists between the parties; (2) the retention of legal title by the holder thereof against another would be inequitable; and (3) the existence of such a trust is essential to the effectuation of justice.”
1 later decision quote this exact passage · from the majority
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.