Elbaor v. Smith’s Empirical Analysis
1993
Citation profile
5 federal appellate · 196 state decisions
How this case has been cited
Cited by 208 later decisions — most recently October 2018 · most notably State Farm Fire & Casualty Co. v. Gandy (1996), Transport Insurance Co. v. Faircloth (1995)
5 federal appellate · 196 state decisions — followed in 12 states
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.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 2nd District (Fort Worth))
Relationships
Relies on Chevron Oil Co. v. Huson · Garza v. Alviar · Mansell v. Mansell · Duncan v. Cessna Aircraft Co. · Brown v. 1250 Twenty-Fourth Street Associates Ltd. Partnership
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 208 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A Mary Carter agreement exists, under our definition, when the plaintiff enters into a settlement agreement with one defendant and goes to trial against the remaining defendant(s). The settling defendant, who remains a party, guarantees the plaintiff a minimum payment, which may be offset in whole or in part by an excess judgment recovered at trial. This creates a tremendous incentive for the settling defendant to ensure that the plaintiff succeeds in obtaining a sizable recovery, and thus motivates the defendant to assist greatly in the plaintiffs presentation of the case....”
5 later decisions quote this exact passage“(1) whether the decision establishes a new principle of law by either overruling clear past precedent on which litigants may have relied or by deciding an issue of first impression whose resolution was not clearly foreshadowed; (2) whether prospective or retroactive application of the particular rule will further or retard its operation through an examination of the history, purpose, and effect of the rule; and (3) whether retroactive application of the rule could produce substantial inequitable results.”
2 later decisions quote this exact passage · from the concurrence“Do not include any amount for any condition resulting from the failure, if any, of Carole Mercer Smith to have acted as a person of ordinary prudence would have under the same or similar circumstances in caring for herself and cooperating in the treatment of her injuries, if any, that resulted from the medical care made the basis of the lawsuit.”
2 later decisions quote this exact passage · from the concurrence
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.