Barnette v. Grizzly Processing, LLC’s Empirical Analysis

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

1. “[w]hat is missing from these cases is any definitive statement that Kentucky law requires an expert to establish causation. And Kentucky courts have been clear when plaintiffs must present expert testimony to survive summary judgment. See, e.g., Underwood v. Kousa, 2011 WL 2416858 , at (Ky.Ct.App. Jun. 17, 2011) (“Liability for medical negligence generally requires expert medical testimony to establish the applicable standard of care, its breach, and consequent causation of injury.... Further, a plaintiffs failure to provide medical proof is generally fatal to the cause of action, and such a case is appropriate for summary disposition ....”) (citing Andrew v. Begley, 203 S.W.3d 165, 170 (Ky.Ct.App.2006)).”

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

2. “[T]he permanent/temporary distinction matters for assessing what measure of damages a party must provide to sustain its burden of proof. The rule in Kentucky is clear: “Where the property is occupied by the owner the measure of damages in a temporary nuisance case is the diminution in the value of the use of the property during the continuance of the nuisance.... ””

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