Cedyco Corp. v. Whitehead’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘The function of summary judgment is not to deprive a litigant of his right to trial by jury, but to eliminate patently unmeritorious claims and untenable defenses.’ A plaintiff is entitled to summary judgment on a cause of action only if he conclusively' proves all essential elements of his claim as a matter of law.... When the movant’s summary judgment proof fails to conclusively establish each element of his cause of action, the trial court may not render a summary judgment by default solely because the nonmovant did not file a summary judgment response. The movant’s motion ‘for summary judgment must itself expressly present the grounds upon which it is made, and must stand or fall on these grounds alone.’ [[Image here]] Regarding the deemed admissions, ... when a party fails to timely respond to request for admissions, the matters therein are deemed admitted. Admissions of fact on file at the time of a summary judgment hearing are proper summary judgment proof and will, therefore, support a motion for summary judgment. However, a request for admission asking a party to admit or deny a purely legal issue is improper, and a deemed admission involving a purely legal issue is of no effect. This is so because the primary purpose of requests for admissions is to simplify trials by eliminating matters about which there is no real controversy.”

   1 later decision quote this exact passage
   e.g. Maswoswe v. Nelson