Public-domain · open source
OpenJurist
← 934 S.W.2d 621 - Arnold v. Erkmann

Arnold v. Erkmann’s Empirical Analysis

1996

Citation profile

22
cited by 22 later decisions
5
states following
May 2024
most recently cited

2 federal appellate · 17 state decisions

How this case has been cited

Cited by 22 later decisions — most recently May 2024

2 federal appellate · 17 state decisions

1001996200020102020decided

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 ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp. · Orlann v. Laederich · Emerick v. Mutual Benefit Life Insurance Co. · Clark v. Olson · State Ex Rel. PaineWebber, Inc. v. Voorhees

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

  1. “(1) one party must be subservient to the dominant mind and will of the other party as a result of age, state of health, illiteracy, mental disability, or ignorance; (2) things of value such as land, monies, a business, or other things of value, which are the property of the subservient party, must be possessed or managed by the dominant party; (3) there must be a surrender of independence by the subservient party to the dominant party; (4) there must be an automatic and habitual manipulation of the actions of the subservient party by the dominant party; and (5) there must be a showing that the subservient party places a trust and confidence in the dominant party.”
    2 later decisions quote this exact passage
  2. “(1) a false, material representation; (2) the speaker’s knowledge of its falsity or his ignorance of its truth; (3) the speaker’s intent that it should be acted upon by the hearer in the manner reasonably contemplated; (4) the hearer’s ignorance of the falsity of the representation; (5) the hearer’s reliance on its truth; (6) the hearer’s right to rely thereon; and (7) the hearer’s consequent and proximately caused injury.”
    2 later decisions quote this exact passage
  3. “statements and representations as to expectations and predictions for the future are insufficient to authorize a recovery for fraudulent misrepresentation,”
    2 later decisions 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.