TIBERT v. Slominski’s Empirical Analysis
2005
Citation profile
1 federal appellate · 11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 2020
1 federal appellate · 11 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 Knoff v. American Crystal Sugar Co. · Grinnell Mutual Reinsurance Co. v. Lynne · Jerry Harmon Motors, Inc. v. Farmers Union Grain Terminal Ass'n · Tibert v. Minto Grain, LLC · McDermott v. Sway
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Summary judgment is a “procedural device for the prompt and expeditious disposition of a controversy without a trial if either party is entitled to judgment as a matter of law, and if no dispute exists as to either the material facts or the inferences to be drawn from undisputed facts, or if resolving disputed facts would not alter the result.” If the issues in the case are such that resolution of any factual dispute will not alter the result, .then summary judgment is appropriate under the law. We review appeals from summary judgment de novo. (Internal citations omitted). The party seeking summary judgment has the burden of showing no genuine issue of material fact exists, and the party opposing the motion must present competent admissible evidence, not present in the pleadings, which raises an issue of material fact. Black v. Abex Corp., 1999 ND 236, ¶ 23 , 603 N.W.2d 182 . “Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute on an essential element of her claim and on which she will bear the burden of proof at trial.” Id.”
1 later decision quote this exact passage“If there is no intent or 'affirmative voluntary act' by the alleged wrongdoer, there cannot be a claim for trespass.”
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.