Rushing v. McKinney’s Empirical Analysis
2006
Citation profile
2 district · 18 state decisions
Relationships
Relies on Townes Associates, Ltd. v. City of Greenville · Regions Bank v. Schmauch · Future Group, II v. Nationsbank · Janasik v. Fairway Oaks Villas Horizontal Property Regime · Southern Development Land & Golf Co. v. South Carolina Public Service Authority
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With regard to the party estopped, the elements of equitable estoppel are: (1) conduct amounting to a false representation or concealment of material facts, or, at least, which is calculated to convey the impression that the facts are otherwise than, and inconsistent with, those which the party subsequently attempts to assert; (2) the intention or expectation that such conduct shall be acted upon by the other party; and (3) actual or constructive knowledge of the real facts. As related to the party claiming the estoppel, the essential elements are: (1) lack of knowledge and of the means of knowledge of the truth as to the facts in question, (2) reliance upon the conduct of the party estopped, and (3) prejudicial change in position.”
1 later decision quote this exact passage“is unreasonable in light of the tension between the parties and the ambiguities of the alleged promise”
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.