Schlaikjer v. Kaplan’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When courts are called upon to interpret statutes, the fundamental rule governing that interpretation is that the intent of the legislature governs if that intent can be ascertained. The legislature is presumed to have expressed its intent through the language of the statutory scheme it enacted. For this reason, when the language of a statute is plain and unambiguous, courts need not resort to statutory construction. Instead, an appellate court is bound to implement the legislature’s expressed intent. Only where the face of the statute leaves its construction uncertain may the court look to the historical background of the enactment, the circumstances attending its passage, the purpose to be accomplished, and the effect the statute may have under the various constructions suggested.” State v. Arnett, 290 Kan. 41 , Syl. ¶ 1, 223 P.3d 780 (2010).”

   1 later decision quote this exact passage · from the majority
   e.g. Via Christi Regional Medical Center, Inc. v. Reed

2. “insofar as it addressed physician preference testimony admitted on direct examination for the purpose of proving the applicable standard of care.”

   1 later decision quote this exact passage · from the majority
   e.g. Castleberry v. DeBrot

3. “stopped short of testifying that defendant's methods constituted unsound medical practice,”

   1 later decision quote this exact passage · from the majority
   e.g. Castleberry v. DeBrot