Oliveros v. Mitchell’s Empirical Analysis

Citation profile

12 federal appellate · 11 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.”

   2 later decisions quote this exact passage · from the majority
   e.g. Williams ex rel. Samayoa v. Board of Regents · 899 F. Supp. 2d 1115 - Glover v. Gartman

2. “The claims in Rodgers stemmed from a car accident involving the defendants and Joseph Wheaton, who subsequently died from causes unrelated to the accident. After Wheaton’s death, his estate sued the defendants for negligence. Since the facts did not fit within New Mexico’s survival or abatement statutes, the court looked to the common law to determine whether the plaintiffs negligence claim survived Wheaton’s unrelated death. Departing from the common law, the court held that it did. Id. at 847. In doing so, however, the court drew an important distinction between intentional tort and negligence claims, stating: [Historical application of the non-survival rule was to violent and intentional torts. It did not develop in connection with the type of tort in this case — negligence—because the tort of negligence did not evolve until approximately 1825. Id. The court concluded that “[ajbsent specific justification, the [common law non-survival] rule should not apply to torts which did not exist when the rule developed.” Id. Thus, in addition to the causes of action listed in the survival statute, under Rodgers , personal injury claims arising from negligence survive the death of the would-be plaintiff. Importantly, the Rodgers court made clear that it was “expressing] no opinion as to the non-survival of other actions under the common law,” id. at 850, and it reaffirmed that the common law deter mines the survivability of claims not enumerated in New Mexico’s survival statute, see ”

   1 later decision quote this exact passage · from the majority
   e.g. 960 F. Supp. 2d 1200 - Nordwall v. PHC-LAS Cruces, Inc.

3. “Where the state's highest court has not addressed the issue presented, the federal court must determine what decision the state court would make if faced with the same facts and issue.”

   1 later decision quote this exact passage · from the majority
   e.g. Moore v. Kobach