Mitchell v. Mitchell’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The function of the motion justice considering a proposed summary-judgment motion is not to cull out the weak cases from the herd of lawsuits waiting to be tried. Rather, only if the case is legally dead on arrival should the court take the drastic step of administering last rites by granting summary judgment.” Mitchell v. Mitchell, 756 A.2d 179, 185 (R.I.2000).”

   3 later decisions quote this exact passage
   e.g. Jo-Ann Albanese v. Town of Narragansett · Estate of Giuliano v. Giuliano

2. “[w]hile both parties are still alive, * * * the existence of a joint bank account only gives rise to a rebuttable presumption of an intent to make a gift of a joint interest therein * * *.”

   1 later decision quote this exact passage
   e.g. Simeng Wu-Carter v. Thomas G.J. Carter

3. “Where conflicting evidence of donative intent exists, the trier of fact—not the motion [judge]—should resolve the contested issue.”

   1 later decision quote this exact passage
   e.g. In Re Estate of Walker