Stanley v. Holms’s Empirical Analysis

Citation profile

2 district · 21 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(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 upon by the person and in the manner reasonably contemplated; (6) the hearer’s ignorance of its falsity; (7) the hearer’s reliance upon its truth; (8) the right of the hearer to rely upon it; (9) the hearer’s consequent and proximate injury or damage.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bank of America, N.A. v. Alexander · May v. Era Landmark Real Estate of Bozeman

2. “A claim of economic duress requires a showing that the contract at issue was made under circumstances evincing a lack of free will on the part of the contracting parties. It is not sufficient to show that consent was secured by the pressure of financial circumstances.”

   1 later decision quote this exact passage · from the majority
   e.g. 888 F. Supp. 2d 1048 - Mears v. Safeco Insurance

3. “the burden then shifts to the non-moving party to prove, by more than mere denial and speculation, that a genuine issue does exist.”

   1 later decision quote this exact passage · from the majority
   e.g. RC HOBBS ENTERPRISES, LLC v. JGL Distributing, Inc.