Peppmeier v. Murphy’s Empirical Analysis
2005
Citation profile
1 federal appellate · 10 state decisions
Relationships
Relies on 73 Ill. 2d 113 - Towns v. Yellow Cab Co. · Spiegel v. Continental Illinois National Bank · 113 Wis. 2d 306 - DePratt v. West Bend Mutual Insurance · John Hubicki v. Acf Industries, Incorporated, John Hubicki v. United Steelworkers of America and Acf Industries, Inc. · Jackson v. Hayakawa
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.
“Peppmeier [the plaintiff] did not file an application for further review to challenge the court of appeals holding that the district court properly granted summary judgment in favor of [the agent]. Such failure means this holding by the court of appeals is a final adjudication that [the agent] is not hable. We are mindful of our rule that allows us to review any or all issues raised on appeal or to limit our review to just those issues brought to our attention by the application for further review. We see no problem applying the rule when we have only two parties, but here we have one plaintiff and two defendants, one of whom has been relieved of liability. Under these circumstances, we think Peppmeier should have filed an application for further review to preserve her issues as to [the agent]. We consider her failure to do so a waiver. A contrary decision would amount to blindsiding [the agent], who took no further part in the appeal process after the court of appeals decision, believing, we are convinced, that Peppmeier had indeed waived any issues as to him.”
1 later decision quote this exact passage“To establish a prima facie case of medical malpractice, the plaintiff must submit evidence that shows the applicable standard of care, the violation of the standard of care, and a causal relationship between the violation and the harm allegedly experienced by the plaintiff.”
1 later decision quote this exact passage“Summary judgment is appropriate if the only conflict concerns the legal consequences of undisputed facts.”
1 later decision 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.