Gielow v. Napiorkowski’s Empirical Analysis
2003
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently June 2022
12 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 Martell v. L.D. · Digicorp, Inc. v. AMERITECH CORP. · 91 Wis. 2d 178 - Capital Investments, Inc. v. Whitehall Packing Co. · 131 Wis. 2d 123 - Fleming v. Threshermen's Mutual Insurance Co. · 126 Wis. 2d 492 - Liles v. Employers Mutual Insurance
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A release is to be treated as a contract.”
2 later decisions quote this exact passage“Mutual mistake exists where both parties to a contract are unaware of the existence of a past or present fact material to their agreement. Wis JI-Civil 3072. This unawareness or belief, however, must arise from a lack of knowledge of the possibility that the fact may or may not exist. Id. If there was conscious doubt or uncertainty on the part of the parties as to the existence or nonexistence of a fact or situation, and the parties reached an agreement under such circumstances, it is considered that it was their intention and contemplation to accept and compromise the consequences of the doubt and uncertainty, and they would not then be acting under mutual mistake of fact. Id. For a mistake to be mutual, it must involve both parties. [8] Id.”
1 later decision quote this exact passagee.g. Ivancevic v. Reagan“We can ascertain no valid justification for protecting a release from being opened while stipulations are subject to equitable relief. Both methods are commonly used to terminate litigation. Therefore, for the purposes of a motion under § 806.07(1), we consider a release and a stipulation to dismiss a claim one and the same. We need not consider the effect of the nearly $76,000 Western has paid the Mullins until they recover less than that amount from Western. By the Court. — Order reversed. All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted.”
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.