Andrade v. State’s Empirical Analysis

Citation profile

5 federal appellate · 4 district · 29 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. ““This court has held that because the right to receive interest on judgments was unknown at common law as it is a right created by statute, the court will strictly construe any statute that awards interest on judgments so as not to extend unduly the changes enacted by the [Legislature. Gott v. Norberg, R.I., 417 A.2d 1352, 1357 (1980); Atlantic Refining Co. v. Director of Public Works, 104 R.I. 436, 441 , 244 A.2d 853, 856 (1968). Because we are strictly construing the statute, we should avoid reading anything into the statute by implication. “It is also the general rule that a statute waiving sovereign immunity, which is also in derogation of common law, must be strictly construed and whatever right of recovery is to be ascertained against the state must be expressly mentioned in the waiver of the immunity statute. Brown University v. Granger, 19 R.I. 704 , 36 A. 720 (1897). The waiver of a common-law right inuring to the state, like the waiver of any other known right or privilege should not be lightly inferred. City of Providence v. Solomon, R.I., 444 A.2d 870, 875 (1982). The court must find that the relinquishment or abandonment of a known right or privilege is intentional. Marrapese v. State, 500 F.Supp. 1207, 1212 (D.R.I.1980). In construing a waiver of immunity statute, it is presumed that the Legislature did not intend to deprive the state of any part of its sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the st”

   1 later decision quote this exact passage
   e.g. Clark-Fitzpatrick, Inc./Franki Foundation Co. v. Gill

2. ““In any tort action against the state of Rhode Island, or any political subdivision thereof, any damages recovered therein shall not exceed the sum of one hundred thousand dollars ($100,000); Provided, however, That in all instances in which the state was engaged in a proprietary function in the commission of such tort, or in any situation whereby the state has agreed to indemnify the federal government or any agency thereof for any tort liability, the limitation on damages set forth in this section shall not apply.””

   1 later decision quote this exact passage
   e.g. Lepore v. Rhode Island Public Transit Authority

3. ““As this court has previously declared, ‘we will not attribute to the General Assembly an intent to depart from the common law unless such an intent is expressly and unmistakably declared.’ Westerly School Committee v. Westerly Teachers’ Association, 111 R.I. 96, 102 , 299 A.2d 441, 445 (1973); see also Johnston Businessmen’s Association v. aaRussillo, 108 R.I. 257 , 274 A.2d 433 (1971).” Andrade, 448 A.2d at 1295 .”

   1 later decision quote this exact passage
   e.g. Clark-Fitzpatrick, Inc./Franki Foundation Co. v. Gill