Schloesser v. Larson’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““2. No employee of the state may be held liable in the employee’s personal capacity for actions or omissions occurring within the scope of the employee’s employment unless such actions or omissions constitute reckless or grossly negligent conduct, malfeasance, or willful or wanton misconduct.””

   3 later decisions quote this exact passage
   e.g. Leadbetter v. Rose · Wishnatsky v. Bergquist

2. ““Nothing that has been said can be construed as a holding that a depositor may not in a proper case proceed against the guaranty fund commission or its officers. It is not intended to be held that a depositor or other person may under no circumstances maintain an action in the proper forum, having for its object to require the guaranty fund commission or its officers to perform an official or legal duty not of a governmental character, owing to a class of persons of whom such depositor or person is a member. While the rule is that a suit cannot be maintained against the sovereign without its consent, it is equally well established that a clear official duty, not involving the exercise of discretion, may be enforced when performance thereof is arbitrarily refused, and that, if a person will receive injury because an official is about to violate an official or legal duty, for which adequate compensation cannot be had at law, such conduct may be enjoined. ... “In order to guard against misconception' or misunderstanding as to the legal effect of our conclusions, it should be reiterated that the guaranty fund commission is not, by this decision, put beyond or above the law and the Constitution. The rights of the citizen to due process, to the maintenance of the legal sanctity of the obligation of a contract, to the equal protection of the law, and to the enjoyment of the rights guaranteed by the Constitution of the state and of the nation, will be open to vindication, and their v”

   1 later decision quote this exact passage · from the concurrence
   e.g. Bulman v. Hulstrand Construction Co., Inc.

3. “But stare decisis is no more a barrier to judicial reconsideration of the `injustices of state immunity' than to abrogation of governmental immunity for the political subdivisions of the state. Kitto v. Minot Park District, 224 N.W.2d 795, 802-03 (N.D.1974). Unjust and unsupportable interpretations should be reconsidered.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Leadbetter v. Rose