Larson v. Jo Ann Cab Corp.’s Empirical Analysis

Citation profile

21 federal appellate · 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In formulating the reasons for their decisions, judges often adopt rulings made in previous decisions in which the facts were somewhat similar, saying, in effect, ‘This situation is sufficiently like those which we previously considered so that we can disregard the differences and restrict ourselves to the resemblances.’ And, thus ignoring —for the purpose immediately at hand — the unlikenesses, the situations are, frequently, spoken of as identical. But elliptical discussions of cases partly alike, as if there were complete identity, is merely for convenience. There is present, although it may be unexpressed, an ‘as if,’ a ‘let’s pretend’ — a simile or metaphor. Such ‘as-if ’ or metaphorical thinking is invaluable in all provinces of thought (not excepting that of science). However, some of the greatest errors in thinking have arisen from the mechanical, unreflective, application of old formulations — forgetful of a tacit ‘as if’— to new situations which are sufficiently discrepant from the old so that the emphasis on the likenesses is misleading and the neglect of the differences leads to unfortunate or foolish consequences.””

   1 later decision quote this exact passage · from the majority
   e.g. United Artists Corp. v. Grinieff

2. “Courts and commentators have said that, in the ordinary civil suit, usually a judge commits reversible error if he instructs the jury that the plaintiff cannot recover unless he `convinces' them (or the like). Such a charge, it is maintained, indicates something midway between a `preponderance' and `beyond a reasonable doubt,' and should therefore be reserved for certain exceptional sorts of civil cases where more than a `preponderance' is required. * * Nevertheless * * * we think we should adhere to the ruling that, in an ordinary civil suit * * * words like `convince' and `conviction' should be shunned in a jury charge.”

   1 later decision quote this exact passage · from the majority
   e.g. Burch v. Reading Co.

3. ““We ought not, therefore, forever base decisions on unverified assumptions about jurors’ comprehension of differences between ‘preponderance’ and ‘conviction.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. 140 F. Supp. 136 - Burch v. Reading Company