177 Conn. App. 83 - McFarline v. Mickens’s Empirical Analysis

Citation profile

29 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Practice Book § [17-49] provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.... A material fact has been defined adequately and simply as a fact which will make a difference in the result of the case.... The test is whether a party would be entitled to a directed verdict on the same facts.... Once the moving party has presented evidence in support of the motion for summary judgment, the opposing party must present evidence that demonstrates the existence of some disputed factual issue .... It is not enough, however, for the opposing party merely to assert the existence of such a disputed issue. Mere assertions of fact ... are insufficient to establish the existence of a material fact and, therefore, cannot refute evidence properly presented to the court under Practice Book § [17-45].... The movant has the burden of showing the nonexistence of such issues but the evidence thus presented, if otherwise sufficient, is not rebutted by the bald statement that an issue of fact does exist.... To oppose a motion for summary judgment successfully, the nonmovant must recite specific facts ... which contradict those stated in the movant's affidavits and documents.”

   4 later decisions quote this exact passage
   e.g. 181 Conn. App. 852 - Puente v. Progressive Northwestern Ins. Co. · 186 Conn. App. 706 - Konover v. Kolakowski

2. “Appellate review of the trial court's decision to grant summary judgment is plenary.... [W]e must [therefore] decide whether [the trial court's] conclusions are legally and logically correct and find support in the facts that appear in the record.”

   2 later decisions quote this exact passage
   e.g. 181 Conn. App. 852 - Puente v. Progressive Northwestern Ins. Co. · 180 Conn. App. 765 - Bayview Loan Servicing, LLC v. Park City Sports, LLC

3. “The fundamental requisite of due process of law is the opportunity to be heard.... The hearing must be at a meaningful time and in a meaningful manner.... [T]hese principles require that a [party] have ... an effective opportunity to defend by confronting any adverse witnesses and by presenting his own arguments and evidence orally.”

   1 later decision quote this exact passage
   e.g. 183 Conn. App. 147 - Mikucka v. St. Lucian's Residence, Inc.