19 So. 3d 557 - Mitchell v. Villien’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellate courts review summary judgments de novo and utilize the same criteria that govern the district court’s consideration of whether summary judgment is appropriate. Kennedy v. Sheriff of East Baton Rouge Parish, 05-1418, pp. 25-26 (La.7/10/06), 935 So.2d 669, 686 ; Brungardt v. Summitt, 08-0577 at p. 5 (La.App. 4 Cir. 4/8/09), 7 So.3d 879, 883 . A court must grant a motion for summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” Kennedy , 05-1418, p. 25 (La.7/10/06) 935 So.2d 669, 686 , citing La. C.C.P. art. 966(B). The summary judgment procedure is designed to secure the just, speedy and inexpensive determination of civil actions and is now favored. La. C.C.P. art. 966(A)(2). Id., 05-1418, pp. 25-26, 935 So.2d at 686 . Pertinent to the inquiries before us regarding the allocation of burdens of proof on a motion for summary judgment, La. C.C.P. art. 966(C)(2) provides: The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant’s burden on the motion does not require him to negate all essential elements of the adverse party’s claim, action, or defense, but rather to point out to the court that there is an absence of factual support for”

   1 later decision quote this exact passage
   e.g. 54 So. 3d 656 - Falgoust v. Avondale Industries, Inc.

2. “particularly useful as a 'procedural tool and an effective screening device for avoiding the unnecessary harassment of defendants by un-meritorious actions which threaten the free exercise of rights of speech.’ ” Mitchell v. Villien, 08-1470, p. 7 (La.App. 4 Cir. 8/26/09), 19 So.3d 557, 563 (quoting Kennedy v. Sheriff of East Baton Rouge, 05-1418, p. 25 (La.7/10/06), 935 So.2d 669, 686 ). This case, however, involves a private citizen suing a private citizen on a matter of private concern;”

   1 later decision quote this exact passage
   e.g. 156 So. 3d 1200 - Sullivan v. Malta Park