Barker v. Dunham’s Empirical Analysis
1977
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently August 2008 · most notably Canadian Helicopters Ltd. v. Wittig (1994), In Re McAllen Medical Center, Inc. (2008)
47 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Crane v. Tunks · Houston & Texas Central Railroad v. Roberts · Federal Underwriters Exchange v. Cost · Maresca v. Marks · Loper v. Andrews
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(d) with the exception of discoverable communications prepared by or for experts, any communication passing between agents or representatives or the employees of any party to the action or communications between any party and his agents, representatives or their employees, where made subsequent to the occurrence or transaction upon which the suit is based, and made in connection with the prosecution, investigation or defense of the claim or the investigation of the occurrence or transaction out of which the claim has arisen.”
1 later decision quote this exact passage“Any party may take the testimony of any person, ... by deposition upon oral examination ... for the purpose of discovery or for use of evidence in the action or for both purposes. Provided, however, that subject to the provisions of the succeeding sentence, the rights herein granted ... shall not require the production of written statements of witnesses or disclosure of the mental impressions and opinions of experts used solely for consultation and who will not be witnesses in the case_ TEX.R.CIV.P. 186a. (Emphasis added).”
1 later decision quote this exact passagee.g. Crowe v. Smith“Where a party does not positively aver that the expert in question will be “used solely for consultation” and will not be called as a witness at the trial, the policy of allowing broad discovery in civil cases is furthered by permitting discovery of that expert’s reports, factual observations, and opinions.”
1 later decision quote this exact passagee.g. Green v. Lerner
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.