Hellman v. Mateo’s Empirical Analysis

Citation profile

32 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Having determined that [the plaintiff-patient] alleged and expressly presented the facts necessary to challenge the constitutionality of article 4590i, we must now consider whether [the defendant-doctor] carried his burden of establishing his limitations defense as a matter of law. In other words, [the defendant-doctor] must conclusively establish that there is no genuine issue of material fact concerning the time when [the plaintiff-patient] discovered or should have discovered the nature of the injury and cause of action.”

   1 later decision quote this exact passage · from the majority
   e.g. Westphal v. Diaz

2. “1. The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. 2. In deciding whether there is a disputed material fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. 3. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor.”

   1 later decision quote this exact passage · from the majority
   e.g. Gandara v. Slade

3. “This cause of action is not barred by the statute of limitations as a matter of law in that there exists a question of fact as to whether the Plaintiff knew or should have known his periodontitis existed at the time he was being treated by the Defendant and that the resulting injury he sustain [sic] was due to Defendant’s negligence.”

   1 later decision quote this exact passage · from the majority
   e.g. Stotter v. Wingo