Gibeau v. Nellis’s Empirical Analysis

Citation profile

57 federal appellate · 4 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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[B]ecause appellees failed to raise this procedural defense [of waiver] in the district court, they are the ones who have waived the issue. Where a party has failed to raise an argument in the district court, an appellate court may only consider the argument where necessary to serve an interest of justice.”

   5 later decisions quote this exact passage · from the majority
   e.g. Celli v. Metro-North Commuter Railroad · Atkins v. New York City

2. “an award of nominal damages is not discretionary where a substantive constitutional right has been violated”

   3 later decisions quote this exact passage · from the majority
   e.g. Nnebe v. Daus · James v. Tilghman

3. ““without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable [persons] could have reached.” Heller, 891 F.2d at 434 (internal quotations and citation omitted, alteration in original). In addition, the evidence must be construed in the light most favorable to the non-moving party, and all reasonable inferences must be drawn in that party’s favor. Smith v. Lightning Bolt Productions, Inc., 861 F.2d 363, 367 (2d Cir.1988).”

   1 later decision quote this exact passage · from the majority
   e.g. Rachman Bag Co. v. Liberty Mutual Insurance