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← 88 S.W.3d 203 - Boyd v. Comdata Network, Inc.

Boyd v. Comdata Network, Inc.’s Empirical Analysis

2002

Citation profile

38
cited by 38 later decisions
5
states following
October 2021
most recently cited

34 state decisions

How this case has been cited

Cited by 38 later decisions — most recently October 2021 · most notably Doe Ex Rel. Doe v. Roman Catholic Diocese of Nashville (2005), R. Douglas Hughes v. New Life Development Corporation (2012)

34 state decisions

280200220102020decided

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 Colorado River Water Conservation District v. United States · Hickman v. Taylor · Koon v. United States · Upjohn Company v. United States · United States v. Nobles

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

  1. “1. The party requesting discovery must first show that, as defined in Rule 26(b)(1), the materials requested are “relevant to the subject matter involved in the pending litigation” and not privileged. Because the application of subdivision (b)(3) is limited to “documents and tangible things otherwise discoverable under subdivision (b)(1),” the burden of making this showing rests on the party requesting the information. In this case it is Torrey Pines. 2. If the party requesting discovery meets this burden and the court finds that the claimed material is relevant and not privileged, the burden shifts to the object ing party to show that the material was “prepared in anticipation of litigation or for trial” by or for that party or that party’s representative, including that party’s attorney, consultant, surety, indemnitor, insurer or agent. This showing can be made in any of the traditional ways in which proof is produced in pretrial proceedings such as affidavits made on personal knowledge, depositions, or answers to interrogatories. This showing can be opposed or controverted in the same manner. The determination of this matter is the second sequential determination that must be made by the court. 3. If the objecting party meets its burden as indicated above and the court finds that the material was prepared in anticipation of litigation or for trial by one of the persons named in the rule, the burden shifts back to the requesting party to show that the requesting party (a) h”
    2 later decisions quote this exact passage · from the majority
  2. “A court abuses its discretion when it causes an injustice to the party challenging the decision by (1) applying an incorrect legal standard, (2) reaching an illogical or unreasonable decision, or (3) basing its decision on a clearly erroneous assessment of the evidence.”
    2 later decisions quote this exact passage · from the majority
  3. “now limits discovery without court approval to any non-privileged matter that is ‘relevant to the claim or defense of any party.’ As a result of the 2000 amendment to Fed. R.Civ.P. 26(b)(1), discovery of matters relevant to the subject matter involved in the pending action can only be obtained by court order upon the showing of good cause. Federal Practice and Procedure § 2008, at 14-15 (Supp.2001).”
    1 later decision quote this exact passage · from the majority

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.