118 N.C. App. 178 - James v. Clark’s Empirical Analysis

Citation profile

83 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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) proving that an essential element of the plaintiff's case is non-existent, or (2) showing through discovery that the plaintiff cannot produce evidence to support an essential element of his or her claim, or (3) showing that the plaintiff cannot surmount an affirmative defense.”

   16 later decisions quote this exact passage
   e.g. 167 N.C. App. 97 - American National Electric Corp. v. Poythress Commercial Contractors, Inc. · 166 N.C. App. 422 - Hoffman v. Great American Alliance Insurance

2. “An appeal from an order granting summary judgment raises only the issues of whether, on the face of the record, there is any genuine issue of material fact, and whether the prevailing party is entitled to a judgment as a matter of law.”

   4 later decisions quote this exact passage
   e.g. 179 N.C. App. 483 - Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Health & Human Services · 124 N.C. App. 35 - Moore v. Evans

3. “(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action....”

   1 later decision quote this exact passage
   e.g. 129 N.C. App. 766 - Teague v. Randolph Surgical Associates, P.A.