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← 267 SE2D 108 - James v. Jane

James v. Jane’s Empirical Analysis

1980

Citation profile

41
cited by 41 later decisions
4
states following
December 2014
most recently cited

12 federal appellate · 21 state decisions

How this case has been cited

Cited by 41 later decisions — most recently December 2014 · most notably Messina v. Burden (1984), Tomlin v. McKenzie (1996)

12 federal appellate · 21 state decisions

2101980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Elder v. Holland · Lawhorne v. Harlan · Kellam v. School Board · Sayers v. Bullar · Crabbe v. School Board and Albrite

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

  1. “(1) the nature of the function performed by the employee; (2) the extent of the state’s interest and involvement in the function; (3) the degree of control and direction exercised by the state over the employee; and (4) whether the act complained of involved the use of judgment and discretion.”
    5 later decisions quote this exact passage
  2. “A failure to use such care in the treatment of patients is a violation of their duty to the patients and a departure from a condition of their employment. A physician who fails to use reasonable care in the treatment of a patient acts at his own risk, and is not entitled to invoke the doctrine of sovereign immunity.”
    1 later decision quote this exact passage
  3. “... to distinguish between full-time members of the faculty of the University of Virginia Medical School, held not to be immune from liability for negligence in the present case, and the hospital administrators and the surgical intern of the same institution, held to be immune in Lawhorne .”
    1 later decision quote this exact passage · from the concurrence

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.