Flack v. Hanke’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 33.004(e) creates the potential to revive otherwise barred claims against a designated RTP. This procedure may result in the plaintiff collaborating with a defendant to join additional tortfea-sors. For example, section 33.004(e) allows a plaintiff to sue a defendant with little or no liability, and that defendant may then designate the true tortfeasor as an RTP. The plaintiff subsequently may join the true tortfeasor, avoid a limitations defense, and nonsuit the original defendant.”

   1 later decision quote this exact passage
   e.g. Jay Miller & Sundown, Inc. D/B/A Sundown Construction (Appellant/Cross Appellee) v. Camp, Dresser & McKee, Inc. D/B/A CDM (Appellee/Cross Appellant)

2. “The court shall grant the motion to strike unless a defendant produces sufficient evidence to raise a genuine issue of fact regarding the designated person's responsibility for the claimant's injury or damage.”

   1 later decision quote this exact passage · from the concurrence
   e.g. In re Molina

3. “[T]he defendant typically would be the party seeking to retain the RTP in the jury charge to diminish his potential liability and perhaps eliminate any joint and several liability.”

   1 later decision quote this exact passage · from the concurrence
   e.g. In re Molina