Temme v. Traxel’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law. * * *” Rule 56(c), N.D.R.Civ.P.”

   2 later decisions quote this exact passage · from the majority
   e.g. Lende v. Wiedmeier · Titus v. Titus

2. ““In cases involving issues of negligence, contributory negligence, assumption of risk and proximate cause, where the standard of the reasonable man must be applied to conflicting testimony, and even where there is no dispute as to the facts, where inferences may be reasonably drawn from the evidence that indicate the presence of a genuine issue of fact, summary judgment should not be granted, but these issues should be tried in the usual manner.””

   1 later decision quote this exact passage · from the majority
   e.g. Roquette v. North American Van Lines, Inc.

3. “He who moves for summary judgment under Rule 56, North Dakota Rules of Civil Procedure, has the burden of establishing clearly that there is no genuine issue of fact.”

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