Merriman v. Smith’s Empirical Analysis
1979
Citation profile
2 federal appellate · 46 state decisions
How this case has been cited
Cited by 52 later decisions — most recently October 2018 · most notably Cook v. Spinnaker's of Rivergate, Inc. (1994), Gibb v. Citicorp Mortgage, Inc. (1994)
2 federal appellate · 46 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 Zenith Radio Corp. v. Hazeltine Research, Inc. · Wallace v. Lincoln Savings Bank · Hageman v. Signal L. P. Gas, Inc. · Cornpropst v. Sloan · Tartera v. Palumbo
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“undue delay, bad faith by the moving party, repeated failure to cure deficiencies by previous amendments[,] and futility of the amendments.”
6 later decisions quote this exact passage“Plaintiffs, as Appellants in this Court, assign as error the action of the trial judge in overruling their motions to amend. We regard this as error. The policy of our law has long favored amendments. Section 198, Caruthers’ History of a Lawsuit, Eighth Edition (1963) reads, in pertinent part as follows: Under the very liberal rules allowing amendments, the court may admit material amendments at any stage of the proceedings. The Supreme Court of Tennessee has said: “It is a downright violation of principles, and of good sense, to determine any case otherwise than on its merits, and it is a great imputation upon judges that so many statutes of jeofails have been needful to place common sense upon her native seat, from which she has been driven by technicalities.” The new Rules of Civil Procedure, in this regard “come not to destroy the old law, but to fulfill.” They were designed to simplify and ease the burden of procedure under the sometimes harsh and technical rules of common law pleading. Accordingly, Rule 15.01 provides that leave (to amend) shall be freely given when justice so requires. This proviso in the rules substantially lessens the exercise of pre-trial discretion on the part of a trial judge. Indeed, the statute (§ 20-1505, T.C.A.) which conferred a measure of discretion on trial judges was repealed and Rule 15 stands in its place and stead. That rule needs no construction; it means precisely what it says, that “leave shall be freely given.””
3 later decisions quote this exact passage“(1) One who, in the course of his business, profession or employment, or a transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused by [sic] them by their justifiable reliance upon such information, if he fails to exercise reasonable care or competence in obtaining or communicating the information. (2) The liability stated in subsection (1) is limited to loss suffered (a) By the person or one of the persons for whose benefit and guidance he knows the information is to be intended; and (b) Through reliance upon it in a transaction in which it is intended to influence his conduct.”
3 later decisions quote this exact passage
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.