Shell v. Law’s Empirical Analysis
1996
Citation profile
13 state decisions
How this case has been cited
Cited by 15 later decisions — most recently June 2017
13 state decisions
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 Carvell v. Bottoms · 32 Tenn. App. 335 - Melton v. Anderson · Patterson v. State · 61 Tenn. App. 677 - Freeman v. Martin Robowash, Inc. · 3 Tenn. Crim. App. 372 - Ritter v. State
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The question regarding estoppel requires a more careful examination. The doctrine of judicial estoppel is generally stated as follows: The doctrine of judicial estoppel provides a litigant who has deliberately taken a position in one judicial proceeding will not, as a matter of law, be allowed to advantage his or herself by taking an inconsistent position in another suit. In Melton v. Anderson, 32 Tenn.App. 335, 222 S.W.2d 666 (Tenn.App.1948) this court said, at 669: A general statement of the doctrine of judicial estoppel is that where one states on oath in former litigation, either in a pleading or in a deposition or on oral testimony, a given fact as true, he will not be permitted to deny that fact in subsequent litigation, although the parties may not be the same. (Citations omitted.) Extine v. TRW Koyo Steering Systems Co., 1994 WL 589557 Unpublished opinion Tenn.App.1994.”
1 later decision quote this exact passagee.g. Chance v. Gibson“Our review of a judgment based upon a jury verdict is governed by Rule 13(d), Tennessee Rules of Appellate Procedure. Findings of fact by a jury in civil actions shall be set aside only if there is no material evidence to support the verdict. We note, however, that there is a substantial body of case law that, as a matter of law, requires certain facts be established by clear, cogent and convincing evidence. For example the presumption of legitimacy may be overcome only by clear, cogent and convincing proof. We will, therefore, when we reach issues requiring the evidence to be clear, cogent and convincing, examine the record to determine if there is sufficient proof to constitute clear, cogent and convincing evidence to support the findings of the jury.”
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.