Bernita Washington’s Empirical Analysis

Citation profile

8 district · 3 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he affirmative grant of power to the FTC to pursue injunctive relief, coupled with the absence of a similar grant to private litigants when they are expressly granted the right to obtain damages and other relief, persuasively demonstrates that Congress vested the power to obtain injunctive relief solely with the FTC.”

   3 later decisions quote this exact passage · from the majority
   e.g. Smith v. Equifax Information Services, LLC · Ilodianya v. Capital One Bank USA NA

2. “To proceed as a class, plaintiffs must first establish the four requirements set forth in Rule 23(a): “(1) the class is so numerous that joinder of all members is impracticable [numerosity], (2) there are questions of law or fact common to the class [commonality], (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class [typicality], and (4) the representative parties will fairly and adequately protect the interests of the class [adequacy].” Fed.R.Civ.P. 23(a). Then, the plaintiffs must show that the action is maintainable as a class action under one of Rule 23(b)’s subsections. See generally Castano v. American Tobacco Co., 84 F.3d 734, 740 (5th Cir.1996) (noting that plaintiffs have the burden of showing that certification is appropriate) .... To maintain a class action under Rule 23(b)(3), plaintiffs must show: (1) that “[c]ommon questions ... predominate over any questions affecting only individual members” (“predominance”); and (2) that “class resolution [is] superior to other available methods for the fair and efficient adjudication of the controversy” (“superiority”). Mullen v. Treasure Chest Casino, LLC, 186 F.3d 620, 623-24 (5th Cir.1999) (internal quotations omitted) (quoting Amchem Products, Inc. v. Windsor, 521 U.S. 591, 615 , 117 S.Ct. 2231, 2246 , 138 L.Ed.2d 689 (1997)).”

   1 later decision quote this exact passage · from the majority
   e.g. Keyes v. Guardian Life Insurance

3. “Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.”

   1 later decision quote this exact passage · from the majority
   e.g. 393 F. Supp. 2d 819 - Breese v. Triadvantage Credit Services, Inc.