Durden v. Hydro Flame Corp.’s Empirical Analysis
1998
Citation profile
45 state decisions
How this case has been cited
Cited by 45 later decisions — most recently August 2020 · most notably Giambra v. Kelsey (2007), Johnson v. Costco Wholesale (2007)
45 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 Behrens v. Pelletier · Cadillac Products, Inc. v. Trienda Corp. · Jim's Excavating Service, Inc. v. HKM Associates · Newville v. State, Dept. of Family Services · Werre v. David
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If during a trial by jury a party has been fully heard with respect to an issue and there is no legally sufficient evidentiary basis for a reasonable jury to have found for that party with respect to that issue, the court may grant a motion for judgment as a matter of law against that party on any claim, counterclaim, cross-claim, or third party claim that cannot under the controlling law be maintained without a favorable finding on that issue.”
2 later decisions quote this exact passage“[T]he trial court properly grants a motion for judgment as a matter of law only where there is a complete absence of any credible evidence in support of the verdict. If there is any evidence in support of the verdict and if the party opposing the motion can recover on any view of the evidence and legitimate inferences, then the court must exercise self-restraint, credit the constitutionally mandated process of jury decision, and deny the motion.”
1 later decision quote this exact passage“The guiding principle of our legal system is fairness. We must tenaciously adhere to the ideal that both sides of a lawsuit be guaranteed a fair trial. Sec. 27, Art. Ill, Montana Constitution [now Sec. 17, Art. II].”
1 later decision quote this exact passagee.g. Lopez v. Josephson
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.