McClain v. Papka’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The concept of fraud liability based upon nondisclosure couches reliance in terms of the availability of the information to the plaintiff and the plaintiffs diligence. VanBooven [v. Smull], 938 S.W.2d [324] at 328 [(Mo.App.W.D.1997)]. A plaintiff asserting fraud must show that the undisclosed information was beyond his or her reasonable reach and not discoverable in the exercise of reasonable diligence. Id. ... A person is entitled to rely on a representation (1) where he or she lacks equal facilities for learning the truth; (2) where the facts are peculiarly within the knowledge of the speaker and difficult for the hearer to ascertain; (3) where the representation relates to latent defects; (4) where it would be necessary to employ a third person to make an examination in order to discover the truth because of the hearer’s ignorance and inexperience; and (5) where the employment of an expert would be required. VanBooven, 938 S.W.2d at 329.”

   1 later decision quote this exact passage
   e.g. White v. Bowman

2. “(1) the existence of an enforceable contract between the parties, (2) mutual obligations under the terms of the contract, (3) one party's failure to perform the obligations imposed by the contract, and (4) the other party's thereby incurring damage.”

   1 later decision quote this exact passage
   e.g. 344 F. Supp. 2d 1203 - Huckshold v. HSSL, LLC

3. “is presumed to know the character of services rendered regarding duration, zeal and ability, and to know the value of them according to custom, place, and circumstance.”

   1 later decision quote this exact passage
   e.g. Winchester v. Winchester