Neyens v. Roth’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “plainly the requirement of “clear articulation and affirmative expression” is not satisfied when the State’s position is one of mere neutrality respecting the municipal actions challenged as anticompeti-tive. A State that allows its municipalities to do as they please can hardly be said to have “contemplated” the specific anticompetitive actions for which- municipal liability is sought. Nor can those actions be truly described as “comprehended within the powers granted,” since the term, “granted,” necessarily implies an affirmative addressing of the subject by the State.”

   1 later decision quote this exact passage
   e.g. Pfiffner v. Roth

2. “This chapter shall not be construed to prohibit: [[Image here]] 4. The activities or arrangements expressly approved or regulated by any regulatory body or officer acting under authority of this state or of the United States.”

   1 later decision quote this exact passage
   e.g. Federal Land Bank of Omaha v. Tiffany

3. “A person shall not attempt to establish or establish, maintain, or use a monopoly of trade or commerce in a relevant market for the purpose of excluding competition or of controlling, fixing, or maintaining prices.”

   1 later decision quote this exact passage
   e.g. Water Development Co. v. Board of Water Works