Trimble v. Pracna’s Empirical Analysis
2005
Citation profile
4 federal appellate · 2 district · 36 state decisions
Relationships
Relies on J. E. Hathman, Inc. v. Sigma Alpha Epsilon Club of Columbia · Anglim v. Missouri Pacific Railroad · Business Men's Assurance Co. of America v. Graham · Giddens v. Kansas City Southern Railway Co. · Heberer v. Shell Oil Co.
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity, or ignorance of its truth; (5) the speaker’s intent that it should be acted on by the person and in the manner reasonably contemplated; (6) the hearer’s ignorance of the falsity of the representation; (7) the hearer’s reliance on the representation being true; (8) the hearer’s right to rely thereon; and (9) the hearer’s consequent and proximately caused injury.”
5 later decisions quote this exact passage“proof of one necessarily negates, repudiates, and disproves the other.”
2 later decisions quote this exact passagee.g. Dan Margolies Movant Below, Matthew Headley Holdings, Llc, Doing Business as Heartland Snacks, Formerly Known as Incito Capital Group v. McCleary Inc. Charles Patrick McCleary Jerry Stokely Dan Margolies Movant Below, Matthew Headley Holdings, Llc, Doing Business as Heartland Snacks, Formerly Known as Incito Capital Group v. McCleary Inc. Charles Patrick McCleary Jerry Stokely · Margolies“Trial courts have the discretion to give withdrawal instructions 'when evidence on an issue has been received, but there is inadequate proof given for final submission of the issue to the jury.'”
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.