Downs v. Smyk’s Empirical Analysis
1982
Citation profile
2 district · 25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently June 2007 · most notably Mary J. Baker Revocable Trust v. Cenex Harvest States, Cooperatives, Inc. (2007), Goodover v. Lindey's Inc. (1992)
2 district · 25 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 Harland v. Anderson · Rumph v. Dale Edwards, Inc. · Reaves v. Reinbold · Thisted v. Country Club Tower Corp. · Fey v. A. A. Oil Corp.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`Under Rule 56(c), M.R.Civ.P., a summary judgment is proper only if the record discloses no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. (citations omitted.) The party moving for summary judgment has the burden of showing the complete absence of any genuine issue as to all facts which are deemed material in light of those substantive principles which entitle him to a judgment as a matter of law. (citations omitted.) Once the movant has established that no material issues of fact exist, the burden shifts to the opposing party to raise an issue of fact.' (citation omitted.) "`It is well established in Montana that all reasonable inferences that may be drawn from the offered proof are to be drawn in favor of the party who opposes summary judgment.' (citations omitted.)" Downs v. Smyk (1982), Mont., 651 P.2d 1238, 1243 , 39 St.Rep. 1786 , 1792-93.”
1 later decision quote this exact passage · from the majority“`It is well established in Montana that all reasonable inferences that may be drawn from the offered proof are to be drawn in favor of the party who opposes summary judgment.' (citations omitted.)”
1 later decision quote this exact passage · from the majority
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.