Brock v. Newman’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A statement of opinion is not sufficiently certain or probative to justify a conclusion that there is no issue of fact which should be determined by a trial on the merits. Expert opinion statements or testimony requires evaluation by the trier of fact as to probative value. 452 So.2d at 310 .”

   3 later decisions quote this exact passage
   e.g. 581 So. 2d 300 - King v. Schuylkill Metals Corp. · 631 So. 2d 84 - Barnett v. Staats

2. “[s]upporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. " (Emphasis added) Conflict has existed among the various Louisiana courts of appeal on the use of opinion evidence in conjunction with summary judgment. Four circuits have generally refused to allow opinion evidence which was not based upon "personal knowledge”

   2 later decisions quote this exact passage
   e.g. 734 So. 2d 1 - Harris v. Landry · 690 So. 2d 922 - Powers v. Tucker

3. “An opinion as to whether a doctor breached the standard of care is not the type of”

   2 later decisions quote this exact passage
   e.g. 691 So. 2d 283 - Miceli v. Armstrong World Industries · 734 So. 2d 1 - Harris v. Landry