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← 2002 ND 162 - Kimball v. Landeis

Kimball v. Landeis’s Empirical Analysis

2002

Citation profile

26
cited by 26 later decisions
1
states following
August 2024
most recently cited

2 federal appellate · 24 state decisions

How this case has been cited

Cited by 26 later decisions — most recently August 2024 · most notably Iglehart v. Iglehart (2003), Paracelsus Healthcare Corp. v. Philips Medical Systems, Nederland, B.V. (2004)

2 federal appellate · 24 state decisions

120200220102020decided

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 21 Cal. 3d 313 - Addison v. State of California · Gonzalez v. United States · Peterson v. Zerr · Stewart v. Ryan · Dahlberg v. LUTHERAN SOCIAL SERV. OF ND

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

  1. “Although the party seeking summary judgment has the burden of showing that there is no genuine issue of material fact, the party resisting the motion may not simply rely upon the pleadings. Nor may the opposing party rely upon unsupported, conclusory allegations. The resisting party must present competent admissible evidence by affidavit or other comparable means which raises an issue of material-fact and must, if appropriate, draw the court’s attention to relevant evidence in the record by setting out the page and line in depositions or other comparable documents containing testimony or evidence raising an issue of material fact. In summary judgment proceedings, neither the trial court nor the appellate court has any obligation, duty, or responsibility to search the record for evidence opposing the motion for summary judgment. The opposing party must also explain the connection between the factual assertions and the legal theories in the case, and cannot leave to the court the chore of divining what facts are relevant or why facts are relevant, let alone material, to the claim for relief.”
    2 later decisions quote this exact passage
  2. “A proximate cause is a cause which, as a natural and continuous sequence, unbroken by any controlling intervening cause, produces the injury, and without which it would not have occurred.”
    1 later decision quote this exact passage
  3. “A party who claims the benefit of an exception to a statute of limitations bears the burden of showing the exception.”
    1 later decision quote this exact passage

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.