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← 733 So. 2d 308 - McGee v. Swarek

733 So. 2d 308 - McGee v. Swarek’s Empirical Analysis

1998

Citation profile

8
cited by 8 later decisions
1
states following
December 2009
most recently cited

6 state decisions

Relationships

Relies on 671 So. 2d 636 - Allen v. Mac Tools, Inc. · 659 So. 2d 586 - Boling v. A-1 Detective & Patrol Service, Inc. · 517 So. 2d 553 - Haygood v. First Nat. Bank of New Albany · 645 So. 2d 1340 - Yowell v. James Harkins Builder, Inc. · 623 So. 2d 955 - Stonecipher v. Kornhaus

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

  1. “It is true that appellate courts are particularly reluctant to sustain summary judgments in matters involving allegations of fraud. Nevertheless, realizing that fraud must be proved by the high standard of clear and convincing evidence, the Mississippi Supreme Court has affirmed a grant of summary judgment in a fraud case where the court was satisfied that a jury applying that high standard to the known facts could not reasonably find a fraud to have been committed.”
    2 later decisions quote this exact passage
  2. “We afford no deference to the trial court's decision.”
    2 later decisions quote this exact passage
  3. “However, not every spoken untruth is actionable as a fraud. It is only if that untruth was designed to, and did, in fact, induce the hearer to change his position in justifiable reliance on the untruth that it becomes potentially actionable.”
    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.