Pierce v. Anderson’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Any action for injury or death alleging professional negligence by a physician, nurse, hospital ... must be dismissed without prejudice on motion unless the plaintiff serves upon the defendant an affidavit containing an admissible expert opinion to support a prima facie case of professional negligence within three months of the commencement of the action. The court may set a later date for serving the affidavit for good cause shown by the plaintiff if the plaintiff's request for an extension of time is made before the expiration of the three-month period following commencement of the action.... This section does not apply to unintentional failure to remove a foreign substance from within the body of a patient, or performance of a medical procedure upon the wrong patient, organ, limb, or other part of the patient's body, or other obvious occurrence."”

   2 later decisions quote this exact passage
   e.g. Ortega v. Bismarck · Bride v. Trinity Hosp.

2. “'a blunder so egregious that a layman is capable of comprehending its enormity.'”

   2 later decisions quote this exact passage
   e.g. Ortega v. Bismarck · Bride v. Trinity Hosp.

3. “A finding of fact is clearly erroneous under N.D.R.Civ.P. 52(a) if it is not supported by any evidence, if, although there is some evidence to support the finding, a reviewing court is left with a definite and firm conviction a mistake has been made, or if the finding is induced by an erroneous conception of the law.”

   1 later decision quote this exact passage
   e.g. Tornabeni v. Creech