Branks v. Kern’s Empirical Analysis

Citation profile

34 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. “Regarding G.S. 1A-1, Rule 56, our Supreme Court has stated: The party moving for summary judgment must establish the lack of any triable issue by showing that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. Caldwell v. Deese, 288 N.C. 375 , 218 S.E.2d 379 (1975); Koontz v. City of Winston-Salem, 280 N.C. 513 , 186 S.E.2d 897 (1972). As this Court remarked in Koontz , “An issue is material if the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action.” Koontz, 280 N.C. at 518 , 186 S.E.2d at 901 . All inferences are to be drawn against the moving party and in favor of the opposing party. Caldwell v. Deese, 288 N.C. 375 , 218 S.E.2d 379 ; Koontz v. City of Winston-Salem, 280 N.C. 513 , 186 S.E.2d 897 .”

   3 later decisions quote this exact passage
   e.g. 111 N.C. App. 520 - Morgan v. Cavalier Acquisition Corp. · 114 N.C. App. 571 - Williams v. Paley