205 N.C. App. 722 - Hodges v. Moore’s Empirical Analysis
2010
Citation profile
4 state decisions
Relationships
Relies on 26 N.C. App. 138 - Hyde Insurance Agency, Inc. v. Dixie Leasing Corp. · Crow v. Citicorp Acceptance Co., Inc. · 161 N.C. App. 20 - Broughton v. McClatchy Newspapers, Inc. · 36 N.C. App. 109 - Mosley v. National Finance Co., Inc. · 177 N.C. App. 546 - Agbemavor v. Keteku
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.
“and summary judgment presupposes that there are no triable issues of material fact.”
2 later decisions quote this exact passage“A party moving for summary judgment may prevail if it meets the burden (1) of proving an essential element of the opposing party's claim is nonexistent, or (2) of showing through discovery that the opposing party cannot produce evidence to support an essential element of his or her claim. Generally this means that on undisputed aspects of the opposing evidential forecast, where there is no genuine issue of fact, the moving party is entitled to judgment as a matter of law. If the moving party meets this burden, the non-moving party must in turn either show that a genuine issue of material fact exists for trial or must provide an excuse for not doing so. If the moving party fails to meet his burden, summary judgment is improper regardless of whether the opponent responds . The goal of this procedural device is to allow penetration of an unfounded claim or defense before trial. If the moving party satisfies its burden of proof, then the burden shifts to the non-moving party to set forth specific facts showing that there is a genuine issue for trial. The non-moving party may not rest upon the mere allegations of his pleadings. Subsection (e) of Rule 56 does not shift the burden of proof at the hearing on motion for summary judgment. The moving party still has the burden of proving that no genuine issue of material fact exists in the case. However, when the moving party by affidavit or otherwise presents materials in support of his motion, it becomes incumbent upon the opposing pa”
1 later decision quote this exact passage“Motion for Findings of Fact Pursuant to Rule 52 of the Rules of Civil Procedure”
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.