Koenig v. Lambert’s Empirical Analysis

Citation profile

5 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the absence of some trust or confidential relationship between the parties there must be some affirmative act or conduct on the part of the defendant designed to prevent, and which does prevent, the discovery of the cause of action. Mere silence, in the absence of a duty to speak, is not ordinarily sufficient. Where, however, a trust or other confidential relationship does exist between the parties, silence on the part of one having the duty to disclose, constitutes fraudulent concealment in the absence of any affirmative act.”

   2 later decisions quote this exact passage · from the majority
   e.g. Klinker v. Beach · Bruske v. Hille

2. “The Diocese and its members were not only acting as members of the church they were also acting as agents or representatives of God. Koenig, as a Catholic parishioner and altar boy, was taught to trust and respect the members of the Diocese. Koenig put his, trust and faith in the members of the Diocese, and was encouraged to do so by the Diocese. This Court has found relationships of trust or confidence several times in the past, including the relationships between doctor and patient, architect and client, attorney and client, and tenants in common. Certainly if there is a trust relationship in those instances there must also be one between a Diocese and the members of the faith it purports to serve.”

   1 later decision quote this exact passage · from the majority
   e.g. 10 F. Supp. 2d 138 - Martinelli v. Bridgeport Roman Catholic Diocesan Corp.

3. “whether the moving party demonstrated the absence of any genuine issue of material fact and showed entitlement to judgment on the merits as a matter of law. The evidence must be viewed most favorably to the nonmoving party and reasonable doubts should be resolved against the moving party. Our task on appeal is to determine whether a genuine issue of material fact exists and whether the law was correctly applied. If there exists any basis which supports the ruling of the trial court, affirmance of summary judgment is proper.”

   1 later decision quote this exact passage · from the majority
   e.g. Klinker v. Beach