Gutierrez de Martinez v. Drug Enforcement Administration’s Empirical Analysis

Citation profile

11 federal appellate · 11 district · 2 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [The act] was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent and personal motive on the part of the [employee] to do the act upon his own account.””

   5 later decisions quote this exact passage · from the majority
   e.g. Brittingham v. United States · Ameur v. Gates

2. “Upon certification by the Attorney General that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a United States district court shall be deemed an action against the United States under the provisions of this title and all references thereto, and the United States shall be substituted as the party defendant.”

   5 later decisions quote this exact passage · from the majority
   e.g. 24 F. Supp. 2d 608 - Webb v. United States · 522 F. Supp. 2d 838 - Davey Ex Rel. Johnston v. Health

3. “weigh the evidence on each side to determine whether the certification should stand.”

   4 later decisions quote this exact passage · from the majority
   e.g. U.S. Tobacco Coop. Inc. v. Big S. Wholesale of Va., LLC · 402 F. Supp. 2d 808 - Pritchett v. Johnson