Derek Tolbert v. Queens College the City University of New York Stuart Liebman Helen Smith Cairns Eric Gander’s Empirical Analysis

Citation profile

64 federal appellate · 17 district · 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 251 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “consider the evidence in the light most favorable to the party against whom the motion was made and to give that party the benefit of all reasonable inferences that the jury might have drawn in his favor from the evidence. The court cannot assess the weight of conflicting evidence, pass on the credibility of the witnesses, or substitute its judgment for that of the jury.”

   10 later decisions quote this exact passage · from the majority
   e.g. Davis v. City of New York · Jackson v. Tellado

2. “It is a settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.”

   7 later decisions quote this exact passage · from the majority
   e.g. Husain v. Springer · United States v. Zayac

3. “[T]he court should give credence to the evidence favoring the nonmovant as well as that evidence supporting the moving party that is uncontradicted and unimpeached, at least to the extent that that evidence comes from disinterested witnesses.”

   4 later decisions quote this exact passage · from the majority
   e.g. Jackson v. Tellado · 156 F. Supp. 2d 279 - Shannon v. Fireman's Fund Insurance