McKinney v. Duplain’s Empirical Analysis

Citation profile

17 federal appellate ·

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

1. “Behrens, 516 U.S. at 313, 116 S.Ct. 834 (emphasis in original). Rather, the Behrens Court explained: 35 Johnson held, simply, that determinations of evidentiary sufficiency at summary judgment are not immediately appealable merely because they happen to arise in a qualified immunity case; if what is at issue in the sufficiency determination is nothing more than whether the evidence could support a finding that particular conduct occurred, the question decided is not truly”

   2 later decisions quote this exact passage · from the majority
   e.g. Via v. LaGrand · Via v. Dcp

2. “[although in some cases, the same factors that the Supreme Court in Johnson believed weighed against immediate appeal, might instead cut the other way— for instance, where the district court’s mistake seems obvious — the Court in Johnson stressed that it must “of course decide appealability for categories of orders rather than individual orders.””

   2 later decisions quote this exact passage · from the majority
   e.g. Via v. LaGrand · Via v. Dcp

3. “given the mandate of Johnson , we lack jurisdiction to conduct such a review of the record. As Johnson made clear, a defendant “may not appeal a district court’s summary judgment order insofar as that order determines whether or not the pretrial record sets forth a ‘genuine’ issue of fact for trial.””

   2 later decisions quote this exact passage · from the majority
   e.g. Duran, Alejandro v. Sirgedas, Rudy · Via v. Dcp