Anderson v. Bessman’s Empirical Analysis

Citation profile

1 federal appellate · 6 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a suit is filed against an employee of a governmental unit based on conduct within the general scope of that employee’s employment and if it could have been brought under this chapter against the governmental unit, the suit is considered to be against the employee in the employee’s official capacity only. On the employee’s motion, the suit against the employee shall be dismissed unless the plaintiff files amended pleadings dismissing the employee and naming the governmental unit as defendant on or before the 30th day after the date the motion is filed.”

   3 later decisions quote this exact passage
   e.g. Wilkerson v. University of North Texas ex rel. Board of Regents · Tipps v. McCraw

2. “The faculty members contend that the administrators acted outside the scope of their employment because they brought personal motives to bear in deciding who should be fired. So long as it falls within the duties assigned, an employee’s conduct is “within the scope of employment,” even if done in part to serve the purposes of the employee or a third person. Dictaphone Corp. v. Torrealba, 520 S.W.2d 869, 872 (Tex.Civ.App.-Houston [14th Dist.] 1975, writ ref'd n.r.e.) (employee’s performance of duties to serve himself or a’third person did not take him outside the scope of employment); Best Steel Bldgs., Inc. v. Hardin, 553 S.W.2d 122, 128 (Tex.Civ.App.-Tyler 1977, writ ref'd n.r.e.) (“The fact that the preponderate motive of the servant is to benefit himself or a third person does not prevent the act from being within the scope of employment.”). The administrators’ actions here fall within the scope of their employment because they carried out their supervisors’ directives for the benefit of UTMB — even if personal motives in part persuaded them in the performance of their duty.”

   1 later decision quote this exact passage
   e.g. Jackson v. Texas Southern University