2 Ohio App. 3d 347 - Gates v. Brewer’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Further, the language of Article IV, Section 5(B) of the Ohio Constitution states in effect that all laws in conflict with the rules shall be of no further force or effect, after the rules have taken effect. The majority herein feel that such language of the Constitution refers and applies only to those statutes in force at the time the Civil Rules became effective on July 1, 1970. The intent as clearly expressed by such language was to provide for the repeal of those statutes in conflict with the rules on July 1, 1970. If the intent of the framers of the language of the constitutional amendment would have been otherwise, it would have been a simple procedure to have provided for the predominance of any rule as found to be in conflict with any law enacted after the effectiveness of the rule. Such not having been done, we hold that the section of law questioned here, that is R.C. 2307.42(C), prevails, and does no violence to Article IV, Section 5 of the Ohio Constitution.’ ””

   2 later decisions quote this exact passage
   e.g. 64 Ohio App. 3d 296 - Hodge v. Cheek · Sigmon v. Southwest Gen. Health Ctr., 88276 (5-3-2007)

2. ““Proceedings and records of all review committees described in [R.C. 2305.25] * * * shall be held in confidence and shall not be subject to discovery or introduction in evidence in any civil action against a health care professional or institution arising out of matters which are the subject of evaluation and review by such committee. * * * Information, documents, or records otherwise ■ available from original sources are not to be construed as being unavailable for discovery or for use in any civil action merely because they were presented during proceedings of such committee * * * ft”

   1 later decision quote this exact passage
   e.g. State ex rel. Grandview Hospital & Medical Center v. Gorman

3. “the empowering words of the Constitution are not words singularly granting the rule-making power to the Supreme Court. There is no specific language excluding the legislatures from this field. We feel that this court should not supply such exclusionary language to the Constitution.”

   1 later decision quote this exact passage
   e.g. Sigmon v. Southwest Gen. Health Ctr., 88276 (5-3-2007)