13 Misc. 3d 790 - Graham v. Dunkley’s Empirical Analysis

Citation profile

1 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We start with first principles. The Constitution creates a Federal Government of enumerated powers. As James Madison wrote, “the powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” This constitutionally mandated division of authority “was adopted by the Framers to ensure protection of our fundamental liberties.” “Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.””

   2 later decisions quote this exact passage · from the concurrence
   e.g. 521 F. Supp. 2d 1343 - Vanguard Car Rental USA, Inc. v. Drouin · 532 F. Supp. 2d 1371 - Vanguard Car Rental USA, Inc. v. Huchon

2. “(a) In general. — An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if— (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner)”

   1 later decision quote this exact passage · from the majority
   e.g. 521 F. Supp. 2d 1343 - Vanguard Car Rental USA, Inc. v. Drouin

3. “Every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.”

   1 later decision quote this exact passage · from the majority
   e.g. 525 F. Supp. 2d 309 - Merchants Insurance Group v. Mitsubishi Motor Credit Ass'n