155 Ind. App. 627 - Foster v. Littell’s Empirical Analysis
1973
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently May 2013
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Georgia Southern & Florida Railway Co. v. Atlantic Coast Line Railroad · United States Court of Appeals, Second Circuit · Enochs v. Sisson · Costen v. Pauline's Sportswear, Inc. · Erlich v. Glasner
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'If, on a motion, asserting the defense number [12(B) ] (6), to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56. In such case, all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.'”
2 later decisions quote this exact passage“[i]nasmueh as [Foster] had filed an affidavit and [Littell] had filed a memorandum with his motion and the affidavit and memorandum are part of the record in the cause before the trial judge ruled on the respective motions and were not excluded by the record of the trial court, it is our opinion that the affidavit being matter outside the pleadings, falls with the guidelines of [T.R.] 12(B)(6), and ultimately came under [T.R.] 56. The court should have given reasonable opportunity to both parties to present all material made pertinent to such a motion by [T.R.] 56.”
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.