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← 81 CONNAPP 468 - Elliott v. Larson

Elliott v. Larson’s Empirical Analysis

2004

Citation profile

28
cited by 28 later decisions
1
states following
April 2022
most recently cited

28 state decisions

How this case has been cited

Cited by 28 later decisions — most recently April 2022 · most notably State v. Perkins (2004), State v. Necaise (2006)

28 state decisions

140200420102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on RK Constructors, Inc. v. Fusco Corp. · Gregory v. Frontier Materials, Inc. · Texas v. New Mexico · Logan v. Greenwich Hospital Ass'n · Childs v. Bainer

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

  1. “[W]hen a trial court denies a defendant's motion for a directed verdict at the close of the plaintiff's case, the defendant, by opting to introduce evidence in his or her own behalf, waives the right to appeal the trial court's ruling.... The rationale for this rule is that, by introducing evidence, the defendant undertakes a risk that the testimony of defense witnesses will fill an evidentiary gap in the [plaintiff's] case.... On appeal in such cases, the question becomes whether ... there is evidence in the entire record to justify submitting the matter to a trier of fact.... Although we have questioned the continuing viability of the waiver rule in the criminal context ... we have never questioned its applicability in the civil context.”
    1 later decision quote this exact passage
  2. “must have suffered pain accompanying his injury”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.