Dolan’s Empirical Analysis

Citation profile

3 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is a fundamental principle of sovereign immunity that federal courts do not have jurisdiction over suits against the United States unless Congress, via a statute, expressly and unequivocally waives the United States’ immunity to suit.” United States v. Bein, 214 F.3d 408, 412 (3d Cir.2000) (citing United States v. Mitchell, 463 U.S. 206, 212 , 103 S.Ct. 2961 , 77 L.Ed.2d 580 (1983)). “[W]hen the Government does consent to be sued, ‘the terms of [the] waiver of sovereign immunity defíne the extent of the court’s jurisdiction.’ ” Id. (quoting United States v. Mottaz, 476 U.S. 834, 841 , 106 S.Ct. 2224 , 90 L.Ed.2d 841 (1986)). “Waivers of the Government’s sovereign immunity, to be effective, must be unequivocally expressed, and any such waiver must be construed strictly in favor of the sovereign.” Id. (quoting United States v. Nordic Village, Inc., 503 U.S. 30, 33-34 , 112 S.Ct. 1011 , 117 L.Ed.2d 181 (1992)) (internal quotation marks omitted). The FTCA waives the government’s sovereign immunity when government employees act negligently within the scope of their official duties. 28 U.S.C. § 1346 (b).”

   1 later decision quote this exact passage · from the majority
   e.g. 335 F. Supp. 2d 532 - Continental Insurance of New Jersey v. United States