Schmidt v. Courtney’s Empirical Analysis

Citation profile

32 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. On Page 3 of Judge Clary’s Order he states that “the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56. See Rule 12(b), SCRCP.” However, no notice that the motion would be converted from a Motion to Dismiss to a Motion for Summary Judgment was given. 2. “... Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law.” 6. Mr. John Hawkins, co-counsel for the Plaintiff and Third-Party Defendant, wrote to Judge Clary on August 30, 2002, asking that if indeed the Court intended to convert this matter to a Motion for Summary Judgment, the Plaintiff and Third-Party Defendant should be allowed a “reasonable opportunity to present all material made pertinent to such a motion by Rule 56.” Rule 12(b), SCRCP. As stated in the accompanying affidavit of Mr. Hawkins, a review of the Court file shows that Judge Clary granted his request that the deposition of Mr. Dickey be placed in the record. (Emphasis added).”

   1 later decision quote this exact passage
   e.g. BPS, INC. v. Worthy

2. “a plaintiff must show that the (1) defendant owes a duty of care to the plaintiff; (2) defendant breached the duty by a negligent act or omission; (3) defendant's breach was the actual and proximate cause of plaintiff's injury; and (4) plaintiff suffered an injury or damages.”

   1 later decision quote this exact passage
   e.g. 333 F. Supp. 3d 576 - Tu v. U-Haul Co. of S.C., Inc.

3. “The existence of a duty owed is a question of law for the courts.”

   1 later decision quote this exact passage
   e.g. 333 F. Supp. 3d 576 - Tu v. U-Haul Co. of S.C., Inc.