Martinez v. Cornejo’s Empirical Analysis
2008
Citation profile
28
cited by 28 later decisions
1
states following
March 2016
most recently cited
4 district · 24 state decisions
Relationships
Relies on Comunale v. Traders & General Insurance · Lees v. Middlesex Insurance · Sims v. Sims · Hovet v. Allstate Insurance · Morgan Keegan Mortgage Co. v. Candelaria
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We look to “[t]he nature of the right sued upon, and not the form of action or relief demanded,. [to] determine[ ] the applicability of the statute of limitations” to a cause of action. Rito Cebolla Invs., Ltd. v. Golden W. Land Corp., 1980-NMCA-028 , ¶ 28, 94 N.M. 121 , 607 P.2d 659, 664-65 (citation omitted). In order for a cause of action “[t]o come within the six year limitation period ‘founded upon any ... contract in writing,’ ” which Gallegos argues should apply to the TPFA [the Trade Practices and Frauds Act], “[the] action must be brought for breach of contract, one which requires a policy to do the things for the non[-]performance of which the action is brought.” 1980-NMCA-028 , ¶ 29, 607 P.2d at 665 (second alteration in original) (citations omitted). Thus, in order for us to apply the six-year statute of limitations to the third-party right of action under the TPFA, the nature of the right sued upon must be. based on the breach or nonperformance of a term in a written contract.”
1 later decision quote this exact passage“[W]here there is no ambiguity in the plain language of a statute, and where no absurd or unreasonable result will occur, we apply the plain meaning rule and refrain from further statutory construction.”
1 later decision quote this exact passage“To determine the intent of the Legislature, our first step is to look at the language used by the Legislature and the plain meaning of that language.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.