Jason Aguillard’s Empirical Analysis

Citation profile

1 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]hat used to be called motions for directed verdicts and for JNOV are now called motions for judgment as a matter of law (JMOL).” See Objection to Propet’s Motion for JNOV, at 1. Although styled a "motion for judgment notwithstanding the verdict,” the Defendant’s motion is properly termed a “motion for judgment as a matter of law.” The advisory committee notes to the rule explain, however, that "the party’s error is merely formal” and "the motion should be treated as a motion for judgment as a matter of law in accordance with this rule.” See Fed.R.Civ.P. 50 advisory committee’s notes. 3 . Plaintiff's prematurity argument is without merit. Rule 50 prescribes an outer limit for filing a renewed motion after trial, providing that ”[t]he movant may renew its request for judgment as a matter of law no later than 10 days after entry of judgment.”

   1 later decision quote this exact passage · from the majority
   e.g. 192 F. Supp. 2d 627 - Hockerson-Halberstadt, Inc. v. Nike, Inc.

2. “liability may not be imposed unless a plaintiff directly links the applicant’s background with the risk that, if hired, that applicant would use excessive force. In other words, a plaintiff must show that the hiring decision and the plaintiffs alleged constitutional injury are closely connected — an applicant’s background is that causal link. What then must an applicant’s background reveal for a plaintiffs alleged injury to be the plainly obvious consequence of the hiring decision?”

   1 later decision quote this exact passage · from the majority
   e.g. Gentry v. Robinson

3. “specifically found that the evidence supported the verdict.”

   1 later decision quote this exact passage · from the majority
   e.g. Cosenza v. City of Worcester