Cyrus v. Nero’s Empirical Analysis

Citation profile

16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The physician's failure to disclose that which he knows, or in the exercise of reasonable care should have known, constitutes constructive fraud.”

   4 later decisions quote this exact passage
   e.g. Theresa Biedron v. Anonymous Physician 1 · GYN-OB Consultants, L.L.C. v. Schopp

2. “The doctrine of fraudulent concealment operates to estop a defendant from asserting a statute of limitations defense when that person, by deception or a violation of a duty, has concealed material facts from the plaintiff thereby preventing discovery of a wrong. Thus, equitable estoppel can arise either from active efforts to conceal the malpractice or from failure to disclose material information when a fiduciary or confidential relationship exists between the physician and patient. The physician’s failure to disclose that which he knows, or in the exercise of reasonable care should have known, constitutes constructive fraud.”

   1 later decision quote this exact passage
   e.g. Johnson v. Sullivan

3. “The doctrine of continuing wrong is applicable where an entire course of conduct combines to produce an injury. When certain conduct is determined to constitute a continuing wrong, the statute of limitations is tolled so that it does not commence running until the wrongful act ceases.”

   1 later decision quote this exact passage
   e.g. Yarnell v. Hurley