809 So. 2d 1118 - Bailey v. Battiest Construction Co.’s Empirical Analysis

Citation profile

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

1. “Summary judgments are now favored, and the rules regarding such judgments should be liberally applied. Oakley v. Thebault, 96-0937 (La.App. 4 Cir. 11/13/96) , 684 So.2d 488, 490 . Appellate courts review the motion for summary judgment de novo. A motion for summary judgment which shows that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law shall be granted. La.Code Civ. Proc. art. 966 C(1). An issue is genuine if reasonable persons could disagree. Smith v. Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730, 751 . If, on the state of the evidence, reasonable persons could reach only one conclusion, there is no need for a trial on that issue. Id.”

   2 later decisions quote this exact passage
   e.g. Shofstahl v. Board of Commissioners · 841 So. 2d 1 - Shofstahl v. BD. OF COM'RS OF ORLEANS LEVEE

2. “The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.”

   2 later decisions quote this exact passage
   e.g. Shofstahl v. Board of Commissioners · 841 So. 2d 1 - Shofstahl v. BD. OF COM'RS OF ORLEANS LEVEE