How often are you looking for cases that not only state the law you are looking for, but also come out in your favor.

I'm looking for cases to defend a punitive damages SJ motion that I know I'm going to lose, and I'm trying to find a case that states the quotation I'm looking for, but they all then go on to dismiss punitive damages.

Do judges even bother to read these things?

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So many thoughts:
1 - always! Never cite a case that doesn’t find in your favor unless it’s completely distinguishable. Otherwise, you open yourself up to:

Opposing counsel misunderstands the relevant law. He cited smith v. Smyth. That case actually supports MY client’s position, not opposing counsel’s.

2 - use quotations sparingly. Please read Strunk & White. No way should you be looking for a case just to use a quote. You should be able to say it better than any decision.

Good luck!

likesmart

If you can’t find a case that comes out your way, something stating the law you want is better than nothing. But I’ve never found it tremendously effective to give the court a bunch of cases that come out the opposite of what you want. Begs the question of why yours shouldn’t as well.

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I never subscribed that a case needed to go your way. My biggest win all the cases I cited went the other way but I was able to piece apart the law to make a compelling argument. If you're citing for fact specific things might not be helpful but can totally do it for law only.

Federal or state court?

In most places state judges have less time to read but will read stuff that’s accessible (attached) and highly pertinent.

To me the best case is the appellate decision reversing what your opponent wants the court to do. The implicit threat in that sort of authority is unmistakeable.

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