Loftin v. Martin’s Empirical Analysis

Citation profile

117 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 117 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] party seeking to exclude any matter from discovery on the basis of an exemption or immunity from discovery, must specifically plead the particular exemption or immunity from discovery relied upon and at or prior to any hearing shall produce any evidence necessary to support such claim either in the form of affidavits served at least seven days before the hearing or by testimony. If the trial court determines that an in camera inspection and review by the court of some or all of the requested discovery is necessary, the objecting party must segregate and produce the discovery to the court in a sealed wrapper or by answers made in camera to deposition questions, to be transcribed and sealed in event the objection is sustained.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Conrad v. Wilson · Northeast Community Hospital v. Gregg

2. “Loftin has requested all evidence that supports Lumbermens’ allegations. The request does not identify any particular class or type of documents but it is merely a request that Loftin be allowed to generally peruse all evidence Lum-bermens might have. We hold that such request was vague, ambiguous, and overbroad and that the trial court was within its sound discretion in sustaining Lumbermens’ objection. No one seeks to deny Loftin’s right to see evidence against him, but he must formulate his request for production with a certain degree of specificity to allow Lumber-mens to comply.”

   2 later decisions quote this exact passage
   e.g. K Mart Corp. v. Sanderson · In Re TIG Insurance Co.

3. “[W]e conclude that the trial court did not abuse its discretion in ordering the tapes produced because Cl Host did not meet its burden to support its objection under our rules of civil procedure governing discovery. To object to a discovery request, the responding party must make a timely objection in writing and “state specifically the legal or factual basis for the objection and the extent to which the party is refusing to comply with the request.” Tex.R. Civ. P. 193.2(a). A party is also required under the rules to produce what is discoverable when it asserts that only part of a request is protected. Tex.R. Civ. P. 193.2(b). Any party making an objection or asserting a privilege must present any evidence necessary to support the objection or privilege. Tex.R. Civ. P. 193.4(a).... Cl Host had the burden to present evidence supporting its objection, see Tex.R. Civ. P. 193.4(a), but did not present any evidence to the court.... Thus, in light of Cl Host’s failure to produce evidence to support its ECPA objection or to segregate and produce the information it has now admitted is not protected by the ECPA, we cannot conclude that the trial court abused its discretion in overruling that objection and ordering the tapes produced.”

   1 later decision quote this exact passage
   e.g. In Re Exmark Manufacturing Co.