Durant v. Stahlin’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Other Courts have emphasized the impropriety of granting summary judgment where the credibility of an affiant may be crucial to decision of a material fact. See Durant v. Stahlin (Mich. 1965), 135 N.W.2d 392, 398 ; Arnstein v. Porter (2d Cir.1946), 154 F.2d 464, 469-70 .”

   2 later decisions quote this exact passage
   e.g. Four Nines Gold, Inc. v. 71 Construction, Inc. · Four Nines Gold, Inc. v. 71 Const., Inc.

2. ““[W]here, as here, credibility, including that of the defendant, is crucial, summary judgment becomes improper and a trial indispensable. It will not do, in such a case, to say that, since the plaintiff, in the matter presented by his affidavits, has offered nothing which discredits the honesty of the defendant, the latter’s deposition must be accepted as true. We think that Rule 56 was not designed thus to foreclose plaintiff’s privilege of examining defendant at a trial, especially as to matters peculiarly within defendant’s knowledge.””

   1 later decision quote this exact passage
   e.g. Morrow v. FBS Ins. Montana-Hoiness Labar

3. “`establish that he has a case on the law and that there are some evidentiary proofs to support his allegations as to any material fact.'”

   1 later decision quote this exact passage
   e.g. Lytle v. Malady