Clark v. Trailways, Inc.’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his sanction was neither designed nor intended to punish a litigant who cannot, in the exercise of good faith and due diligence, respond to a discovery request in a timely manner. The good cause exception thus provides trial courts with the latitude to permit testimony in those situations and excuse the party’s failure to timely supplement the discovery request.”

   3 later decisions quote this exact passage · from the majority
   e.g. Straitway Transport, Inc. v. Mundorf · AMERICANN BANK OF WACO. v. Waco Airmotive, Inc.

2. “5. Failure to Respond to or Supplement Discovery. A party who fails to respond to or supplement his response to a request for discovery shall not be entitled to present evidence which the party was under a duty to provide in a response or supplemental response or to offer the testimony of an expert witness or of any other person having knowledge of discoverable matter, unless the trial court finds that good cause sufficient to require admission exists. The burden of establishing good cause is upon the party offering the evidence and good cause must be shown in the record.”

   2 later decisions quote this exact passage
   e.g. Wells v. HCA Health Services of Texas, Inc. · Ramirez v. Volkswagen of America, Inc.

3. “The rules requiring timely objections or motions are designed to allow trial courts to correct any errors made during the course of the proceedings. By failing to object when an undisclosed witness or evidence is offered at trial, parties ... effectively deny a trial court the opportunity to review and correct a prior finding of good cause ... The efficient administration of justice thus requires that trial courts have the opportunity to review any previous finding of good cause, regardless of whether the finding occurred several months or one day prior to the actual offering of the testimony or evidence at issue. For these reasons, we believe that the better-reasoned approach is to require a party opposing the admission of testimony of evidence under rule 215(5) to object when the testimony or evidence is offered at trial.”

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