Webb v. Braswell’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits. In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc.—the leave sought should, as the rules require, be "freely given."”

   3 later decisions quote this exact passage
   e.g. Ernest T. Jones v. Mississippi Institutions of Higher Learning · 47 So. 3d 689 - Barry v. Reeves

2. “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”

   3 later decisions quote this exact passage
   e.g. Vaughn v. Mississippi Baptist Medical Center · 147 So. 3d 387 - Jimmy W. Zeigler v. Tim Nolan

3. “Motions for leave to amend [a] complaint are left to the sound discretion of the trial court; the Supreme Court reviews such determinations under an abuse of discretion standard; and, unless convinced that the trial judge abused his/ her discretion, the Supreme Court is without authority to reverse. Grant or denial of [a] motion for leave to amend is within the sound discretion of the trial court. Amendments to the pleadings are properly addressed to the discretion ' of the [trial] court. Where the plaintiff filed his motion for amendment of declaration setting out its exact terms, and such terms were incorporated into an order which quoted the text of the motion and which was filed in the cause and entered upon the minutes of the court, the amendment was sufficient, as against the defendant’s contention that the original declaration should have been manually amended by interlineation or otherwise. While the trial court has discretion to allow an amendment and should do so freely under the proper circumstances, an amendment should not occur when to do so would prejudice [the] defendant.”

   2 later decisions quote this exact passage
   e.g. 988 So. 2d 364 - Spotlite Skating Rink, Inc. v. Barnes Ex Rel. Barnes · 164 So. 3d 1057 - Donald Breeden v. Willie Faye Breeden Buchanan