McDaniel v. Shepherd’s Empirical Analysis
1991
Citation profile
6 federal appellate · 5 state decisions
Relationships
Relies on Travelers Indemnity Co. v. Armstrong · New York, Chicago & St. Louis Railroad v. Henderson · Automobile Underwriters, Inc. v. Rich · 171 Ind. App. 166 - Burkett v. Crulo Trucking Company · Milligan v. Denham
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The elements of constructive fraud are 1) the existence of a duty due to a relationship between the parties; 2) violation of the duty by making deceptive material representations of past or existing facts or remaining silent when a duty to speak exists; 3) reliance thereon by the complaining party; 4) injury to the complaining party as a proximate cause thereof; and 5) the gaining of an advantage by the party to be charged at the expense of the complaining party.”
1 later decision quote this exact passagee.g. McWaters v. Parker
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.