Cicio v. Does’s Empirical Analysis
321 F.3d 83 · 2003
Citation profile
23 federal appellate · 2 district · 1 state decisions
Relationships
Relies on Conley v. Gibson · United Mine Workers of America v. Gibbs · Firestone Tire and Rubber Company v. Bruch · Hishon v. King & Spalding · Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“conclud[ing] that a state law malpractice action, if based on a mixed eligibility and treatment decision, is not subject to ERISA preemption when that state law cause of action challenges an allegedly flawed medical judgment as applied to a particular patient's symptoms”
4 later decisions quote this exact passage · from the concurrence“`state law claim in that area is of necessity so federal in character that it arises under federal law ... and permits removal to federal court under 28 U.S.C. § 1441.'”
2 later decisions quote this exact passage · from the majority“made a patient-specific prescription of appropriate treatment by denying one treatment and authorizing another.”
2 later decisions 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.