868 So. 2d 327 - PERS v. Freeman’s Empirical Analysis
2004
Citation profile
12 state decisions
Relationships
Relies on Cole v. State · 684 So. 2d 643 - Davis v. State · Continental Turpentine & Rosin Co. v. Gulp Naval Stores Co. · 812 So. 2d 953 - Moeller v. American Guar. & Liab. Ins. Co. · 564 So. 2d 1374 - Simpson v. State Farm Fire and Cas. Co.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[according to the mandate rule, ... a mandate issued by this Court “ ‘is binding on the trial court on remand, unless the case comes under one of the exceptions to the law of the case doctrine.’ ” [Moeller, 812 So.2d at 960 (quoting Simpson v. State Farm Fire & Cas. Co., 564 So.2d 1374, 1377 (Miss.1990)) ]. These exceptions include “ ‘material changes in evidence, pleadings or findings,’ ” Moeller, 812 So.2d at 960 (quoting Cont’l Turpentine & Rosin Co. v. Gulf Naval Stores Co., 244 Miss. 465, 480 , 142 So.2d 200, 207 (1962)), and “the need for the Court to ‘depart from its former decision’ ‘after mature consideration’ so that ‘unjust results’ will not occur.” Moeller, 812 So.2d at 961 (quoting Brewer v. Browning, 115 Miss. 358, 364 , 76 So. 267, 269 (1917)).”
1 later decision quote this exact passage“whatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, as long as there is a similarity of facts.”
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.