Barclay v. Briscoe’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 35 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Considering a motion to dismiss a complaint for failure to state a claim upon which relief may be granted, a court 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, ie., the allega tions do not state a cause of action for which relief may be granted. Consideration of the universe of “facts” pertinent to the court’s analysis of the motion are limited generally to the four corners 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. Upon appellate review, the trial court’s decision to grant such a motion is analyzed to determine whether the court was legally correct.”

   2 later decisions quote this exact passage
   e.g. George v. Baltimore Co. · State Center, LLC v. Lexington Charles Ltd. Partnership

2. “for an employee’s tortious acts to be considered within the scope of employment, the acts must have been in furtherance of the employer’s business and authorized by the employer. Ordinarily, the issue of whether a particular act is within the scope of employment is properly decided by a jury, however, where there is no conflict in the evidence relating to the question and but one inference can be drawn therefrom, the question is one of law for the court.”

   2 later decisions quote this exact passage
   e.g. Sage Title Group, LLC v. Roman · 229 Md. App. 601 - Roman v. Sage Title Group, LLC

3. “This principle is apparent in the acceptance by most jurisdictions and by this Court of the general rule that there is no duty to control a third person’s conduct so as to prevent personal harm to another, unless a “special relationship” exists either between the actor and the third person or between the actor and the person injured or between the actor and the person injured. “Thus, we recognize the general rule, as do most courts, that absent a “special relationship” between police and victim, liability for failure to protect an individual citizen against injury caused by another citizen does not lie against police officers.””

   1 later decision quote this exact passage
   e.g. Warr v. JMGM Group, LLC