Tavarez v. Klingensmith’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Finally, imposing broad personal liability on employees for conduct done solely on behalf of their employer would be abhorrent to public policy and would destroy the intended statutory protections for employers, by potentially subjecting them indirectly to dual liability. Under agency principles, an employer may be held vicariously liable for its employees’ negligent conduct occurring during the scope of employment. See, e.g., Williams v. Rene, 72 F.3d 1096, 1099 , 33 V.1.297 (3d Cir. 1995) (discussing respondeat superior). Hence, it follows that if employees are held liable for acts done on behalf of an employer, that employer could potentially be later made to bear the consequences of those acts, thereby nullifying the immunity afforded under the [VIWCA] and, essentially, “depriving... employers of their side of the [VIWCA’s] quid pro quo.” Peter [v. Hess Oil V.I. Corp., 903 F.2d 935 ,] 953 [(3d Cir. 1990)] (discussing analogous statute). Permitting such back door liability, in the face of the statutory immunity afforded employers, is contrary to the spirit of that statute and would produce absurd results.”

   1 later decision quote this exact passage · from the majority
   e.g. Defoe v. Phillip