Wheelehan v. Dueker’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The most frequent reason for denying leave to amend is that the opposing party will be prejudiced. Factors the court should consider .in making its decision whether to allow an amendment are: hardship to the moving party if leave to amend is denied, the reasons for the moving party’s failure to include the new matter in the earlier pleading and the injustice resulting to the party opposing the motion should it be granted. Other considerations are the timeliness of the application, the record of the case as to plaintiffs prior attempts to state a claim for relief, and whether the plaintiff by amendment could cure the inadequacy of its petition upon which relief could be granted.”

   1 later decision quote this exact passage
   e.g. Koger v. Hartford Life Insurance Co.

2. “Here, the cousins never had an opportunity to thoroughly explore the facts surrounding the Duekers’ ownership of the assets named in the will. This case was dismissed prior to discovery. As a result, the cousins could not articulate more specific facts in their original pleading.”

   1 later decision quote this exact passage
   e.g. Lim v. King Chuen Chong