Marquez v. Mayer’s Empirical Analysis
2000
Citation profile
11 state decisions
Relationships
Relies on 263 Pa. Super. 174 - Lasprogata v. Qualls · Hammes v. Brumley · 161 Ill. 2d 357 - Patton v. Carbondale Clinic, SC · Manns v. State of Indiana Department of Highways · Bowen v. Iowa National Mutual Insurance Company
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Judicial estoppel prevents a party from assuming a position in a legal proceeding inconsistent with one previously asserted. Shewmaker v. Etter, 644 N.E.2d 922, 931 (Ind.Ct.App.1994), adopted, Hammes v. Brumley, 659 N.E.2d 1021 (Ind.1995). While a party may properly plead alternative and contradictory theories, he may not repudiate by contrary assertions that which he has averred in his pleadings to be true.”
2 later decisions quote this exact passage“was compensated in whole or in part for the [malpractice injury], for which [the medical provider] was found liable at trial, [the provider] is entitled to a credit to prevent a windfall to [the plaintiff].”
1 later decision quote this exact passagee.g. Depew v. Burkle“A party's act is the proximate cause of an injury if it is the natural and probable consequence of the act and should have been reasonably foreseen and anticipated in light of the cireumstances.”
1 later decision quote this exact passagee.g. Vandenbosch v. Daily
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.