Duncan v. Horning’s Empirical Analysis
1979
Citation profile
42 state decisions
Relationships
Relies on Gibbs v. General Motors Corporation · Great American Reserve Insurance Co. v. San Antonio Plumbing Supply Co. · Nardis Sportswear v. Simmons · James T. Taylor & Son, Inc. v. Arlington Independent School District · Bowles v. Bourdon
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A summary judgment may be based on uncontroverted testimonial evidence of ... an expert witness as to subject matter concerning which the trier of fact must be guided solely by the opinion testimony of experts, if the evidence is clear, positive and direct, otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted.”
3 later decisions quote this exact passage“Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.”
1 later decision quote this exact passagee.g. Cedillo v. Jefferson
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.