3 Ark. App. 205 - Walker v. Stephens’s Empirical Analysis

Citation profile

2 federal appellate · 50 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On [a motion for summary judgment] the moving party has the burden of demonstrating that there is no genuine issue of fact for trial and any evidence submitted in support of the motion must be reviewed most favorably to the party against whom the relief is sought. Summary judgment is not proper where evidence, although in no material dispute as to actuality, reveals aspects from which inconsistent hypotheses might reasonably be drawn and reasonable men might differ. (Citations omitted.)”

   4 later decisions quote this exact passage
   e.g. Hensley v. White River Medical Center · Freeman v. King

2. “... [A]n attorney’s contract of employment implies that he is authorized to take those procedural steps deemed by him to be necessary and proper in the conduct of the litigation whether in pursuit or defense of the claim. His actions in those matters, in the absence of fraud, are regarded as the acts of his client who is bound by those actions, but the mere fact that counsel is retained does not, in and of itself, carry an implication of authority to compromise his client’s claim and to hold otherwise would vest the attorney with far more power than his retainer requires or implies. McCombs v. McCombs, 227 Ark. 1 , 295 S.W.2d 774 (1956). . . . The question of whether or not an agent is acting within the scope of his actual or apparent authority has always been held to be a question of fact for the jury or trier of fact to determine. Babbitt v. Gordon, 251 Ark. 1112 , 476 S.W.2d 795 (1972).”

   2 later decisions quote this exact passage
   e.g. Rowland v. Worthen Bank & Trust Co. · Rowland v. Gastroenterology Associates, P.A.

3. “Section 57-136, cited by Appellee as authorizing settlement of claims for the minor, which amount to less than $1,000 per annum by a parent does not, in our opinion, dictate that conclusion. It merely provides that “any person under a duty to pay or deliver money or personal property to a minor” in amounts not to exceed $1,000 per annum may perform their duty by payment ... without the court being required to inquire into the applications of the proceeds. We do not construe this statute as dispensing with the necessity of probate proceedings in the settlement of a minor’s claim for tort.”

   1 later decision quote this exact passage
   e.g. Gomez v. Maricopa County