Parks v. Alpharma, Inc.’s Empirical Analysis

Citation profile

2 district · 19 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... We must assume the truth of, and view in a light most favorable to the non-moving party, all well-pleaded facts and allegations contained in the complaint, as well as all inferences that may reasonably be drawn from them, and order dismissal only if the allegations and permissible inferences, if true, would not afford relief to the plaintiff____We must confine our review of the universe of facts pertinent to the court’s analysis of the motion to the four comers of the complaint and its incorporated supporting exhibits, if any.”

   5 later decisions quote this exact passage
   e.g. Shailendra Kumar, P.A. v. Dhanda · Gomez v. Jackson Hewitt, Inc.

2. “The regulation at issue provides the FDA’s standard for what details must be included on a prescription drug label if there is ‘reasonable evidence’ that a particular drug has a ‘clinically significant hazard.’ What is not clear from the regulation is the specific public policy mandate that Alphar-ma allegedly violated to support the instant wrongful discharge claim. Under such circumstances, we are left with only our own discernment to determine whether the behavior Ms. [Parks] alleges constituted non-compliance by Alp-harma, a judgment we abjure, absent a clear, unmistakable signal in the law.... [I]f we were to recognize a mandate in the FDA’s labeling standard, we are at a loss for articulating precisely what the contours of that mandate would be. For all of the reasons stated, we conclude that Ms. Parks has failed to state a claim upon which relief can be granted for wrongful discharge, and therefore, affirm the decision of the Circuit Court. The public policy that Ms. Parks alleged Alpharma violated was not sufficiently clear to provide the basis for her wrongful discharge claim.”

   1 later decision quote this exact passage
   e.g. Yuan v. Johns Hopkins University

3. “On appeal from a dismissal for failure to state a claim, we must assume the truth of, and view in a light most favorable to the non-moving party, all well-pleaded facts and allegations contained in the complaint, as well as all inferences that may reasonably be drawn from them, and order dismissal only if the allegations and permissible inferences, if true, would not afford relief to the plaintiff, i.e., the allegations do not state a cause of action for which relief may be granted. We must confíne our review of the universe of “facts” pertinent to the court’s analysis of the motion to the four comers of the complaint and its incorporated supporting exhibits, if any. The well-pleaded facts setting forth the cause of action must be pleaded with sufficient specificity; bald assertions and conclusory statements by the pleader will not suffice. Our goal, in reviewing the trial court’s grant of dismissal, is to determine whether the court was legally correct.”

   1 later decision quote this exact passage
   e.g. Yuan v. Johns Hopkins University