Drummond v. Lawley’s Empirical Analysis

Citation profile

7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “" ' "It is well established that mandamus will lie to compel a dismissal of [a] claim that is barred by the doctrine of sovereign immunity." Ex parte Blankenship , 893 So.2d 303 , 305 (Ala. 2004). " ' "A writ of mandamus is a " ' " 'drastic and extraordinary writ that will be issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction of the court.' " " ' Ex parte Wood , 852 So.2d 705 , 708 (Ala. 2002) (quoting Ex parte United Serv. Stations, Inc. , 628 So.2d 501 , 503 (Ala. 1993) ). " '.... " ' " '[I]f an action is an action against the State within the meaning of § 14, such a case "presents a question of subject-matter jurisdiction, which cannot be waived or conferred by consent." ' Haley v. Barbour County , 885 So.2d 783 , 788 (Ala. 2004) (quoting Patterson v. Gladwin Corp. , 835 So.2d 137 , 142-43 (Ala. 2002) ). 'Therefore, a court's failure to dismiss a case for lack of subject-matter jurisdiction based on sovereign immunity may properly be addressed by a petition for the writ of mandamus.' Ex parte Alabama Dep't of Mental Health & Retardation , 837 So.2d 808 , 810-11 (Ala. 2002)." " ' Ex parte Davis , 930 So.2d 497 , 499-500 (Ala. 2005).' "”

   3 later decisions quote this exact passage · from the majority
   e.g. Doe ex rel. W.A. v. Davis Middle School · Ex Parte Boaz City Board of Education, 1101315 (Ala. 10-7-2011)

2. “' Ex parte Davis , 930 So.2d 497 , 499-500 (Ala. 2005).'”

   2 later decisions quote this exact passage · from the majority
   e.g. Alabama Department of Corrections v. Merritt · John Doe v. Montgomery Cnty. Bd. of Education (In re Montgomery Cnty. Bd. of Educ.)

3. ““ ‘ “ ‘The appropriate standard of review under Rule 12(b)(6)[, Ala. R. Civ. P.,] is whether, when the allegations of the complaint are viewed most strongly in the pleader’s favor, it appears that the pleader could prove any set of circumstances that would entitle [it] to relief. In making this determination, this Court does not consider whether the plaintiff will ultimately prevail, but only whether [it] may possibly prevail. We note that a Rule 12(b)(6) dismissal is proper only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.’ ” ’ “Ex parte Troy Univ., 961 So.2d 105, 108 (Ala.2006) (quoting Knox v. Western World Ins. Co., 893 So.2d 321, 322 (Ala.2004), quoting in turn Nance v. Matthews, 622 So.2d 297, 299 (Ala.1993)). ‘A ruling on a motion to dismiss is reviewed without a presumption of correctness.’ Newman v. Savas, 878 So.2d 1147, 1148-49 (Ala.2003). “ ‘When a motion for judgment on the pleadings is made by a party, “the trial court reviews the pleadings filed in the case and, if the pleadings show that no genuine issue of material fact is presented, the trial court will enter a judgment for the party entitled to a judgment according to the law.” B.K.W. Enters., Inc. v. Tractor & Equip. Co., 603 So.2d 989, 991 (Ala.1992). See also Deaton, Inc. v. Monroe, 762 So.2d 840 (Ala.2000). A judgment on the pleadings is subject to a de novo review. Harden v. Ritter, 710 So.2d 1254, 1255 (Al”

   1 later decision quote this exact passage · from the majority
   e.g. 67 So. 3d 56 - Randolph ex rel. Randolph v. Montee