Foster v. State’s Empirical Analysis
2011
Citation profile
19
cited by 19 later decisions
1
states following
June 2019
most recently cited
18 state decisions
Relationships
Relies on Farm Bureau Town & Country Insurance Co. v. Angoff · Lane v. Lensmeyer · Nicolai v. City of St. Louis · State Ex Rel. Nixon v. Peterson · Levinson v. State
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A motion to dismiss for failure to state a cause of action is solely a test of the adequacy of the plaintiffs petition. It assumes that all of plaintiffs averments are true, and liberally grants to plaintiff all reasonable inferences therefrom. No attempt is made to weigh any facts alleged as to whether they are credible or persuasive. Instead, the petition is reviewed in an almost academic manner, to determine if the facts alleged meet the elements of a recognized cause of action, or of a cause that might be adopted in that case.”
3 later decisions quote this exact passage“If the motion to dismiss can be sustained on any ground alleged in the motion, the trial court's ruling will be affirmed.”
1 later decision quote this exact passagee.g. Wilson v. Nenninger“This Court reviews the trial court's grant of a motion to dismiss de novo.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.