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← 256 KAN 859 - Chavez v. Markham

Chavez v. Markham’s Empirical Analysis

1995

Citation profile

36
cited by 36 later decisions
2
states following
April 2009
most recently cited

6 district · 28 state decisions

Relationships

Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)

Relies on Brown v. Keill · Walter v. Northeastern Railroad · Memorial Hospital Ass'n, Inc. v. Knutson · State v. Gonzales · Albertson v. Volkswagenwerk Aktiengesellschaft

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

  1. ““(a) In actions brought for the recovery of property damages only of less than $7,500 sustained and caused by the negligent operation of a motor vehicle, the prevailing party shall be allowed reasonable attorney fees which shall be taxed as part of the costs of the action unless: (1) The prevailing party recovers no damages; or (2) a tender equal to or in excess of the amount recovered was made by the adverse party before the commencement of the action in which judgment is rendered. “(b) For the plaintiff to be awarded attorney fees for the prosecution of such action, a written demand for tire settlement of such claim containing all of the claimed elements of property damage and the total monetaiy amount demanded in the action shall have been made on the adverse party at such party’s last known address not less than 30 days before the commencement of the action. For the defendant to be awarded attorney fees, a written offer of settlement of such claim shall have been made to the plaintiff at such plaintiff s last known address not more than 30 days after tire defendant filed the answer in the action.””
    1 later decision quote this exact passage · from the majority
  2. “who are properly served are bound by the adjudication of the percentage of causal negligence.”
    1 later decision quote this exact passage · from the majority

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.