Sloss v. Gerstner’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “can establish a prima facie case for summary judgment by one or more of the following three means: (1) showing facts that negate any one of [CNS’s] elements facts; (2) showing that [CNS], after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find the existence of any one of [its] elements; or, (3) showing that there is no genuine dispute as to the existence of each of the facts necessary to support [Phillips’] properly pleaded affirmative defense. “Regardless of which of these three means is employed by [Phillips], each establishes a right to judgment as a matter of law.””

   1 later decision quote this exact passage
   e.g. Phillips v. CNS CORP.

2. “Summary judgment is based on the underlying predicate that, where the facts are not in dispute, a prevailing party can be determined as a matter of law. The procedures of Rule 74.04 were developed to establish a step-by-step method by which such cases can.be identified and resolved.... It is not the function of the circuit court or appellate court to sift through a voluminous record in an attempt to determine the basis for the motion. Rather, a motion for summary judgment is required to follow a specific format in order to clarify the areas of dispute and eliminate the need for the trial or appellate court to sift through the record to identify factual disputes.”

   1 later decision quote this exact passage
   e.g. Pemiscot County Port Authority v. Rail Switching Services, Inc.

3. “Parties represented by counsel. There is no just reason for delay regarding the court’s granting of Partial Summary Judgment in favor of [the respondents] on August 30, 2001 and denying [the appellant’s] Motion for Summary Judgment; this portion of the Judgment is final for purposes of appeal, and in the event [the respondents] prevail on appeal, then judgment in the sum of $25,000 plus interest at the rate of 9% from March 5, 2002 shall be entered in favor of [the respondents] and against [the appellant].”

   1 later decision quote this exact passage
   e.g. Stotts v. Progressive Classic Insurance Co.