Larson v. Hetland’s Empirical Analysis

Citation profile

3 federal appellate · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]ny action . . . against a physician . . . based upon professional negligence is dismissible on motion unless the claimant has obtained an admissible expert opinion . . . within three months of the commencement of the action or at such later date as set by the court.”

   2 later decisions quote this exact passage
   e.g. Greenwood v. Paracelsus Health Care Corp. of North Dakota · Weasel v. St. Alexius Medical Center

2. “greater leniency for the plaintiff who is subject to a motion for dismissal under 28-01-46 may be required than is typically given under either [evidentiary-abuse-of-discretion or summary judgment's genuine-issue-of-material-fact] standard.”

   1 later decision quote this exact passage
   e.g. Weasel v. St. Alexius Medical Center

3. “was `designed simply to minimize frivolous [malpractice] claims' by requiring the plaintiff to obtain an expert opinion supporting [his claims] during [the] early stages of [ ] litigation.”

   1 later decision quote this exact passage
   e.g. White v. Altru Health System