Rhines v. Carpenter’s Empirical Analysis
1985
Citation profile
10
cited by 10 later decisions
1
states following
October 1997
most recently cited
10 state decisions
Relationships
Relies on Kay v. Carter · 397 So. 2d 490 - Vermilion Corp. v. Vaughn · Mashburn v. Collin · Verrett v. Cameron Telephone Co. · 438 So. 2d 714 - Sanders v. City of Blanchard
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A motion for summary judgment should only be granted if the pleadings, deposition, answers to interrogatories, and admissions on file together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966; Witty v. T.L. James & Company, Inc., 299 So.2d 545 (La.App. 4th Cir.1974); Verrett v. Cameron Telephone Co., 417 So.2d 1319 (La.App. 3d Cir.1982) [ writ denied 422 So.2d 164 (La.1982).] The party seeking the summary judgment has the burden of proving there is no genuine issue of material fact. Ledbetter v. Myers, 438 So.2d 700 (La.App. 2d Cir.1983). Sanders v. City of Blanchard, 438 So.2d 714 (La.App. 2d Cir.1983). Any doubt as to the existence of such an issue is resolved against granting the motion and in favor of a trial on the merits. Kay v. Carter, 243 La. 1095 , 150 So.2d 27 (1963); Ledbetter v. Myers, supra; Verrett v. Cameron Telephone Co., supra. Because the mover has the burden of establishing that no material factual issue exist, inferences to be drawn from the underlying facts contained in the materials before the court must be viewed in light most favorable to the party opposing the motion. Mashburn v. Collin, 355 So.2d 879 (La.1977); Vermilion Corp. v. Vaughn, 397 So.2d 490 (La. 1981). To satisfy his burden the mover must meet a strict standard by showing that it is quite clear what the truth is, and that it excludes any real doubt as to the existence of any ”
1 later decision quote this exact passage“something which the witness actually saw or heard as distinguished from something he learned from some other person or source.”
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.