Baldwin v. Dube’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`the intentional relinquishment of a known right and must be manifest in some unequivocal manner.'”

   3 later decisions quote this exact passage
   e.g. In Re Worker's Comp. Claim of Wright · O'Donnell v. Blue Cross Blue Shield of Wyoming

2. “* * * [Olne having some legal significance, that is, under the law applicable to a given case, it would control in some way the legal relations of the parties; as one upon which the outcome of litigation depends in whole or in part; as one on which the controversy may be determined; as one which will affect the result or outcome of the case depending upon its resolution; and one which constitutes a part of the plaintiff's cause of action or of the defendant's defense. A fair summary of these definitions is that for purposes of ruling upon a motion for summary judgment a fact is material if proof of that fact would have the effect of establishing or refuting one of the essential elements of a cause of action or defense asserted by the parties.”

   2 later decisions quote this exact passage
   e.g. Loredo Ex Rel. Loredo v. Solvay America, Inc. · Fiscus v. Atlantic Richfield

3. “Absence from the record of a specific basis upon which summary judgment was sought or granted is a handicap to the reviewing court, although specific bases are not mandatory under the rule.”

   2 later decisions quote this exact passage
   e.g. Berthel Land & Livestock v. Rockies Express Pipeline LLC · Herrera v. Phillipps