Mladineo v. Schmidt’s Empirical Analysis
2010
Citation profile
2 federal appellate · 13 state decisions
Relationships
Relies on 566 So. 2d 1172 - Andrew Jackson Life Ins. Co. v. Williams · 501 So. 2d 416 - Cherry v. Anthony, Gibbs, Sage · Murphy v. Kuhn · 155 Wis. 2d 674 - Nelson v. Davidson · 850 So. 2d 78 - Stephens v. Equitable Life Assurance Society of US
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Apparent authority exists when a reasonably prudent person, having knowledge of the nature and usages of the business involved, would be justified in supposing, based on the character of the duties entrusted to the agent, that the agent has the power he is assumed to have.”
3 later decisions quote this exact passage“(1) a misrepresentation or omission of a fact; (2) that the representation or omission is material or significant; (3) that the person/entity charged with the negligence failed to exercise that degree of diligence and expertise the public is entitled to expect of such persons/entities; (4) that the plaintiff reasonably relied upon the misrepresentation or omission; and (5) that the plaintiff suffered damages as a direct and proximate result of such reasonable reliance.”
1 later decision quote this exact passage“[W]e do not find that insurance agents in Mississippi have an affirmative duty to advise buyers regarding their coverage needs.... However, we find that if agents do offer advice to insureds, they have a duty to exercise reasonable care in doing so. A jury should be allowed to decide whether reasonable care was exercised here.”
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.