Foster v. Heard’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “to prove that the statement was obtained in anticipation of litigation by showing that there was good cause to believe that suit would be filed. Turbodyne Corp. v. Heard, 720 S.W.2d 802 (Tex.1986); Lindsey v. O’Neill, 689 S.W.2d 400 (Tex.1985). The mere fact that an accident occurred does not shield [a] report from discovery. Stringer v. Eleventh Court of Appeals, 720 S.W.2d 801 (Tex.1986). The bare assertion of “generic anticipation” of litigation based upon patterns of prior injuries and litigation is insufficient absent some outward manifestation of future litigation by the party having a cause of action. Phelps Dodge Refining Corp. v. Marsh, 733 S.W.2d 359, 360-61 (Tex.App.—El Paso 1987, orig. proceeding). Outward manifestation may consist of the party making a demand for damages, hiring an attorney or private investigator, or commencing an investigation of the accident. Phelps, 733 S.W.2d at 361 . Post-accident investigative reports cannot be shielded from discovery solely upon the privilege-invoking party’s subjective determination that he was anticipating litigation. Id. at 360 .”

   1 later decision quote this exact passage
   e.g. Mole v. Millard