Vermillion v. Haynes’s Empirical Analysis

Citation profile

117 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 117 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * The rule directs that the court shall `freely' allow an amendment if to do so will subserve the `presentation of the merits of the action' and the other party fails to satisfy the court that the amendment will prejudice him in maintaining his action or defense on the merits.' The court also noted that the opposing parties by their objection did not suggest nor hint that they were in any manner surprised or that the amendment would otherwise prejudice them in maintaining their action on its merits. The court then said:”

   3 later decisions quote this exact passage · from the majority
   e.g. Greenhalgh v. Service Lloyds Insurance Co. · American Produce & Vegetable Co. v. J. D. Campisi's Italian Restaurant

2. ““. . .if during the trial any defect, fault or omission in a pleading, either of form or substance, is called to the attention of the court, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the allowance of such amendment would prejudice him in maintaining his action or defense upon the merits . . .”

   3 later decisions quote this exact passage · from the majority
   e.g. Patino v. Texas Employers Insurance Association · Johnson Engineers, Inc. v. Tri-Water Supply Corp.

3. ““ * * * Here the respondents’ objections were that the petitioner had neglected for more than a year to file the amendment, that it was tendered after the evidence was closed and without previous notice, and that it was without merit or support in the evidence and would prevent equity being done. It will be observed that these objections carried neither suggestion nor hint that the respondents were in any manner surprised or unprepared to meet the issues raised by the amendment; nor did they suggest that, in this trial without a jury, the amendment would otherwise prejudice them in maintaining their action on its merits.” (Emphasis mine.)”

   1 later decision quote this exact passage · from the majority
   e.g. Alamo Ambulance Service, Inc. v. Moulton