7 Ohio App. 2d 260 - Rainey v. Harshbarger’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Summary judgment is a procedural device to terminate litigation and to avoid a formal trial where there is nothing to try. It must be awarded with caution, resolving doubts and construing evidence against the moving party, and granted only when it appears from the evidentiary material that reasonable minds can reach only an adverse conclusion as to the party opposing the motion. “A successful motion for summary judgment rests on the two-part foundation that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. [Citations omitted.]””

   1 later decision quote this exact passage
   e.g. 12 Ohio App. 3d 49 - Gannett v. Booher

2. ““* * * [Ujnless it appears from such evidence * * * that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, such party being entitled to have the evidence * * * construed most strongly in his favor.””

   1 later decision quote this exact passage
   e.g. 11 Ohio App. 3d 263 - Stemen v. Shibley

3. ““* * * When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleadings, but his response * * * must set forth specific facts showing that there is a genuine issue for trial. * *”

   1 later decision quote this exact passage
   e.g. 12 Ohio App. 3d 49 - Gannett v. Booher