Justin Love’s Empirical Analysis

Citation profile

2 district ·

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

1. “Because the RICO statute requires a showing of “injury”, 18 U.S.C. § 1964 (c), and the injury discovery rule calculates accrual from the discovery of that injury, accrual of a civil RICO claim is delayed until the plaintiff is aware, or should have been aware, of the injury. To the extent that the district court's opinion could be interpreted as holding that [plaintiffs] civil RICO claims accrued when it became aware in 1991 of Appellees’ allegedly fraudulent conduct, such a conclusion would be erroneous, because, again, under the injury discovery rule, the claims did not accrue until [plaintiff] knew, or should have known, that it suffered an injury caused by that allegedly fraudulent conduct.”

   1 later decision quote this exact passage · from the majority
   e.g. Frankel v. Cole

2. “where the party against whom summary judgment is granted moves for reconsideration under FED. R. CIV. P. 59(e), but does not, in that motion, challenge the procedural propriety of the summary judgment ruling, our court has reviewed the asserted procedural irregularity, raised for the first time on appeal, only for plain error.”

   1 later decision quote this exact passage · from the majority
   e.g. Benchmark Electronic v. J M Huber Corp

3. “[I]t is well-settled that a district court may grant summary judgment sua sponte, so long as the losing party has ten days notice to come forward with all of its evidence in opposition to summary judgment.”

   1 later decision quote this exact passage · from the majority
   e.g. Benchmark Electronic v. J M Huber Corp