Smith v. Frandsen’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 17 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[In addition to affirmative misstatements, an omission may be actionable as a negligent misrepresentation where the defendant has a duty to disclose.”

   3 later decisions quote this exact passage · from the dissent
   e.g. 438 F. App'x 689 - Aclys International v. Equifax · Knightek, LLC v. Jive Commc'ns, Inc.

2. ““a duty to exercise reasonable care to insure that the subdivided lots are suitable for construction of some type of ordinary, average dwelling house, and he must disclose to his purchaser any condition which he knows or reasonably ought to know makes the subdivided lots unsuitable for such residential building. He has a further duty to disclose, upon inquiry, information he has developed in the course of the subdivision process which is relevant to the suitability of the land for its expected use.””

   2 later decisions quote this exact passage · from the dissent
   e.g. Hess v. Canberra Development Co., LC · 2005 UT App 82 - Yazd v. Woodside Homes Corp.

3. “In reviewing a grant of summary judgment, we give no deference to the trial court with respect to its legal conclusions. Rather, we make our own determination as to whether the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.””

   2 later decisions quote this exact passage
   e.g. Verdi Energy Group, Inc v. Nelson · 2005 UT App 82 - Yazd v. Woodside Homes Corp.