2003 UT App 85 - Kuhre v. Goodfellow’s Empirical Analysis

Citation profile

1 federal appellate · 2 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under Utah law, to bring a claim sounding in fraud, a party must allege (1) that a representation was made (2) concerning a presently existing material fact (3) which was false and (4) which the repre-sentor either (a) knew to be false or (b) made recklessly, knowing that there was insufficient knowledge upon which to base such a representation, (5) for the purpose of inducing the other party to act upon it and (6) that the other party, acting reasonably and in ignorance of its falsity, (7) did in fact rely upon it (8) and was thereby induced to act (9) to that party’s injury and damage.”

   1 later decision quote this exact passage
   e.g. Orient Mineral Co. v. Bank of China

2. “On appeal from a motion to dismiss, we review the facts only as they are alleged in the complaint. We accept the factual allegations as true and draw all reasonable inferences from those facts in a light most favorable to the plaintiff”

   1 later decision quote this exact passage
   e.g. Koerber v. Robert J. DeBry

3. “[oJnee a party has amended a pleading, the amended pleading super-cedes the original pleading, and the original pleading performs no function in the case.”

   1 later decision quote this exact passage
   e.g. 2012 UT App 332 - Banyan Investment Company, LLC v. Evans