Grayson v. Hanson’s Empirical Analysis

Citation profile

1 district · 16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Ordinarily, any issue as to the denial of the summary judgment motion would be moot, because the sufficiency of the evidence at trial would be the significant question on appeal. However, a movant who conclusively establishes that a summary judgment is appropriate, with no pertinent opposition from the nonmovant, is `entitled to a judgment as a matter of law,' and `[t]he judgment sought shall be rendered forthwith,' Rule 56(c)(3), Ala. R. Civ. P. The denial of a summary judgment is not appealable, and if the trial court refuses to issue the statement provided for by Rule 5(a), Ala. R.App. P. (relating to appeals by permission), the movant has no opportunity for review other than an appeal after an adverse judgment. Therefore, it is at least arguable that the later appeal could challenge the correctness of the denial of a summary judgment. "Furthermore, in this case, the plaintiffs' evidence in opposition to the summary judgment motions was somewhat different from their evidence at trial, so the question of sufficiency differs at the two stages. To say that a judgment should have been entered against the plaintiff for failure at an early stage to produce sufficient probative evidence may be an exaltation of form over substance where the plaintiff has produced sufficient evidence at trial. On the other hand, if it appears that the plaintiff has changed testimony or other evidence based on experience gained during the proceedings on the motion for summary judgment, the defendan”

   1 later decision quote this exact passage
   e.g. 999 So. 2d 508 - Millry Mill Co. v. Manuel

2. “settlement agreements, like other agreements, are not valid when there has been no meeting of the minds with regard to the final terms of the agreement ... or when the parties have merely agreed to later agree.”

   1 later decision quote this exact passage
   e.g. JIT SERV. INC. v. Temic Telefunken-RF, Eng'g, LLC

3. “A validly executed settlement agreement is as binding on the parties as any other contract.”

   1 later decision quote this exact passage
   e.g. 982 So. 2d 494 - BILLY BARNES ENTERPRISES, INC. v. Williams