Koon v. Walden’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “though [the doctor] may have had 'no specific intent to injure,' his awareness-from his knowledge of surrounding circumstances-that his conduct would probably result in injury demonstrates that his actions were 'tantamount to intentional wrongdoing.' " Id. at 773 . Likewise, in the present case, the evidence, viewed most favorably to the Tubbses, supports a finding that BNSF was aware-from its knowledge of surrounding circumstances-that its conduct, coupled with the expectation of increased water flow, would probably result in collapse of the track embankment. Under Koon , that is enough to make BNSF's conduct "tantamount to intentional wrongdoing.”

   1 later decision quote this exact passage
   e.g. Tubbs v. BNSF Ry. Co.

2. “prior similar occurrences known to the defendant have been infrequent; the injurious event was unlikely to have occurred absent negligence on the part of someone other than the defendant; and the defendant did not knowingly violate a statute, regulation, or clear industry standard designed to prevent the type of injury that occurred.”

   1 later decision quote this exact passage
   e.g. Tubbs v. BNSF Ry. Co.

3. “All patients who use opioids for long enough will become tolerant and dependent, and some will become addicted. Addiction is a disease characterized by habituation, craving and preoccupation with obtaining and taking the drug.”

   1 later decision quote this exact passage
   e.g. STATE ex rel. ATTORNEY GENERAL OF OKLAHOMA v. JOHNSON & JOHNSON