Laber v. Koch’s Empirical Analysis
1986
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently December 2010 · most notably Kirlin v. Halverson (2008), Ward v. Lange (1996)
32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wilson v. Great Northern Railway Company · Hughes-Johnson Co. v. Dakota Midland Hospital · Bemidji Sales Barn, Inc. v. Chatfield · Commercial Credit Equipment Corp. v. Johnson · W & W Livestock Enterprises, Inc. v. Dennler
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Evidence must be viewed most favorable to the non-moving party; (2) The burden of proof is on the movant to show clearly that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law; (3) Summary judgment is not a substitute for a court trial or for trial by jury where any genuine issue of material fact exists; (4) Surmise that a party will not prevail upon trial is not sufficient basis to grant summary judgment on issues which are not shown to be sham, frivolous or so unsubstantial that it is obvious that it would be futile to try them; (5) Summary judgment is an extreme remedy which should be awarded only when the truth is clear and reasonable doubts touching the existence of a genuine issue as to material fact should be resolved against movant; (6) When no genuine issue of fact exists, summary judgment is looked upon with favor and is particularly adaptable to expose sham claims and defenses.”
2 later decisions quote this exact passage“When this court considers a motion for summary judgment, however, the forma! issues presented by the pleadings are not controlling and a party may not rest upon the mere allegations contained therein. The nonmoving party must present specific facts which demonstrate a genuine, material issue for trial. Allegations which do not set forth specific facts will not prevent the issuance of a summary judgment.”
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.