Bustad v. Bustad’s Empirical Analysis

Citation profile

6 federal appellate · 8 district · 18 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he facts constituting the fraud are deemed to have been discovered when, with reasonable diligence, they could and ought to have been discovered. The mere fact that the aggrieved party did not actually discover the fraud will not extend the statutory limitation, if it appears that the failure sooner to discover it was the result of negligence, and inconsistent with reasonable diligence.”

   5 later decisions quote this exact passage
   e.g. Hernandez v. General Mills Federal Credit Union · Kassan v. Kassan

2. “The salutary purpose of the statute of limitations is nowhere more forcefully demonstrated than here. This action was not commenced until after 22 years had elapsed from the time the first cause of action arose. Memories have grown dim, records have been misplaced, witnesses are no longer available. This is not a situation akin to that in the Fallon case, where a sister had no reason to make demand or doubt the integrity of an older brother over an extended period of time. Here both parties were operating in the same or competitive businesses, were fully aware of the transactions which gave rise to these claims, and dealt with each other at arm’s length for a great many years. * * * To hold that under these circumstances plaintiff’s claims, which in any view of the matter accrued no later than 1946, are not barred in the year 1960, would render the statute of limitations meaningless. We do not choose to depart from a well-founded policy which discourages the instituting of lawsuits based on claims which have long since become stale, if not moribund.”

   1 later decision quote this exact passage
   e.g. Kassan v. Kassan

3. ““Under Rule 56.03 of Rules of Civil Procedure, the trial court may not order summary judgment unless the pleadings, depositions, affidavits, and other portions of the record show there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Plaintiff has the benefit of whatever view of the evidence is the more favorable to him. We have held that the rule is intended to secure a just, speedy, and inexpensive disposition. It is not designed to afford a substitute for a trial where there are issues to be determined. Sauter v. Sauter, 244 Minn. 482 , 70 N. W. (2d) 351 ; Abdallah, Inc. v. Martin, 242 Minn. 416 , 65 N. W. (2d) 641 ; Anderson v. Twin City Rapid Transit Co. 250 Minn. 167, 186 , 84 N. W. (2d) 593, 605 .””

   1 later decision quote this exact passage
   e.g. Bennett v. Storz Broadcasting Co.