Ostertag v. Donovan’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We believe the circumstances here establish without a doubt a confidential relationship between this patient and her doctor of the highest sort as a matter of fact and of law. Therefore any gift between the two resulting in a benefit to the doctor is subject to close scrutiny and the doctor carries the burden of proving it was made fairly and without undue influ- * * * ence. “As we view the evidence, we believe there is an absence of full, and satisfactory proof that the gift, was made under circumstances fair in all respects and free of undue influence. * * * “We hold there is substantial evi-. dence to support the findings of the trial court, and that the defend,ant failed to sustain the burden placed upon him by the surrounding circumstances and the patient-physician relationship.””

   1 later decision quote this exact passage
   e.g. Lindley v. Lindley

2. ““We think the better view under these circumstances would require a showing of independent advice in a gift of this nature to rebut the presumption that it was unfairly induced. See, 123 A.L.R. 1505 ; Harrison v. Harrison, supra, ( 21 N.M. 372 , 155 P. 356 ); Beals v. Ares, supra, ( 25 N.M. 459 , 185 P. 780 ).””

   1 later decision quote this exact passage
   e.g. Lindley v. Lindley