39 Kan. App. 2d 259 - Katzenmeier v. Oppenlander’s Empirical Analysis

Citation profile

2 district · 14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`"`Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The trial court is required to resolve all facts and inferences which may reasonably be drawn from the evidence in favor of the party against whom the ruling is sought. When opposing a motion for summary judgment, an adverse party must come forward with evidence to establish a dispute as to a material fact. In order to preclude summary judgment, the facts subject to the dispute must be material to the conclusive issues in the case. On appeal, we apply the same rules and where we find that reasonable minds could differ as to the conclusions drawn from the evidence, summary judgment must be denied. '"'" (Emphasis added.) Warner v. Stover, 283 Kan. 453, 455-56 , 153 P.3d 1245 (2007).”

   1 later decision quote this exact passage
   e.g. Osterhaus v. Schunk

2. “The unambiguous language of paragraph 5 clearly directs McLellan to either indicate which representations she is relying on or agree to rely on none of them. She did not so indicate and thus waived her right to rely on the Raines' representations in the disclosure statement. " (Emphasis added.) 36 Kan.App.2d at 8 , 140 P.3d 1034 . We disagree with the panel's holding requiring a separate document containing the sellers' representations relied upon by the buyer because a "writing . . . signed by them”

   1 later decision quote this exact passage
   e.g. Osterhaus v. Schunk

3. “They hired two professional inspectors to check the property. The inspections turned up evidence of water leakage and possible drainage problems. Although the inspections did not reveal the full extent of the previous water leaks, the inspections put the Katzenmeiers on notice of water leaks or drainage problems. This case, however, is unlike Brennan where it was alleged that careful inspections had not revealed the defect.”

   1 later decision quote this exact passage
   e.g. Osterhaus v. Schunk