Petrey v. Simon’s Empirical Analysis
1983
Citation profile
159 state decisions
How this case has been cited
Cited by 159 later decisions — most recently October 2023 · most notably State ex rel. V Companies v. Marshall (1998), Scholler v. Scholler (1984)
159 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 Conley v. Gibson · Temple v. Wean United, Inc. · Atlantic Richfield Co. v. Newman Oil Co. · O'Brien v. University Community Tenants Union, Inc. · Trammel v. United States
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 159 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A court must notify all parties when it converts a motion to dismiss for failure to state a claim into a motion for summary judgment.”
7 later decisions quote this exact passage“If the conversion occurs unexpectedly, the non-moving party is left at the disadvantage of being unprepared to respond; hence notice is required. * * * The primary vice of unexpected conversion to summary judgment is that it denies the surprised party sufficient opportunity to discover and bring forward factual matters which may become relevant only in the summary judgment, and not the dismissal, context.”
3 later decisions quote this exact passage“[b]efore a trial court may convert a motion to dismiss * * * into a motion for summary judgment, Civ.R. 12(B) demands actual notice to the parties and an opportunity to respond”
2 later decisions 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.