Monroe v. Darr’s Empirical Analysis

Citation profile

2 federal appellate · 16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'complaint should not be dismissed merely because [a] plaintiff's allegations do not support the legal theory he intends to proceed on, since the court is under a duty to examine the complaint to determine if the allegations provide for relief on any possible theory.'”

   2 later decisions quote this exact passage · from the majority
   e.g. 15 Kan. App. 2d 225 - Noel v. Pizza Hut, Inc. · Rogers v. Wells Fargo Bank, N.A.

2. ““Disputed issues of fact cannot be resolved or determined on a motion to dismiss for failure of the petition to state a claim upon which relief can be granted. The question for determination is whether in the light most favorable to plaintiff, and with every doubt resolved in his favor, the petition states any valid claim for relief. Dismissal is justified only when the allegations of the petition clearly demonstrate plaintiff does not have a claim.””

   1 later decision quote this exact passage · from the majority
   e.g. Dutoit v. Board of Johnson County Comm'rs

3. ““More broadly, we have held that a petition which alleged a cause of action upon any theory was sufficient to withstand a demurrer lodged against it [citation omitted]. With the advent of present notice-type pleading more illiberal construction should not be the order of the day and the foregoing rules should still prevail.””

   1 later decision quote this exact passage · from the majority
   e.g. 15 Kan. App. 2d 225 - Noel v. Pizza Hut, Inc.