Maher v. Tietex Corp.’s Empirical Analysis

Citation profile

2 district · 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Similarly, in situations involving settlements in civil cases, one will be equitably estopped to defend with the statute of limitations by either (a) expressly representing that the claim will be settled without litigation, or (b) conduct which suggests that a lawsuit is not necessary. See, e.g. Black v. Lexington Sch. Dist. No. Two, 327 S.C. 55 , 488 S.E.2d 327 (1997) (citing and discussing various other cases on this issue). In Strong v. University of South Carolina School of Medicine, 316 S.C. 189 , 447 S.E.2d 850 (1994), the court discussed the fraudulent concealment defense to the statute of limitations, which flows from the duty to disclose inherent in the relationship between physicians and patients. Finally, the general doctrine of equitable estoppel has been applied to affect the running of the statute of limitations in other situations besides those of unconsummated settlement. Equitable estoppel operates to deny a party “the right to plead or prove an otherwise important fact.” Parker v. Parker, 313 S.C. 482, 487 , 443 S.E.2d 388, 391 (1994).”

   1 later decision quote this exact passage
   e.g. Hooper Ex Rel. Estate of Clinton v. Ebenezer Senior Services & Rehabilitation Center

2. “The elements of estoppel as to the party-estopped are (1) conduct by the party estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct shall be acted upon by the other party; and (3) knowledge, actual or constructive, of the true facts. As to the party claiming estoppel, the elements are (1) lack of knowledge and of the means of knowledge of the truth as to the facts in question; and (2) reliance upon the conduct of the party estopped.”

   1 later decision quote this exact passage
   e.g. Willcox v. Stroup (In Re Willcox)

3. “When reviewing a motion for directed verdict, this court must consider all evidence in the light most favorable to the nonmoving party, and may only reverse a jury's verdict if the factual findings implicit within it are contrary to the only reasonable inference from the evidence.”

   1 later decision quote this exact passage
   e.g. Stoneledge At Lake Keowee Owners' Ass'n, Inc. v. Imk Dev. Co.