Burns v. Nimmo’s Empirical Analysis

Citation profile

2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Alcoholism. The simple drinking of alcoholic beverages is not of itself willful misconduct. The deliberate drinking of a known poisonous substance or under conditions which would raise a presumption to that effect will be considered willful misconduct. If, in the drinking of a beverage to enjoy its intoxicating effects, intoxication results proximately and immediately in disability or death, the disability or death will be considered the result of the person’s willful misconduct. Organic diseases and disabilities which are a secondary result of the chronic use of alcohol as a beverage, whether out of compulsion or otherwise, will not be considered of willful misconduct origin.”

   2 later decisions quote this exact passage · from the majority
   e.g. Traynor v. Turnage · 573 F. Supp. 346 - Tinch v. Walters

2. “At the time of the enactment of 38 U.S.C. Sec. 1662 in 1977, there was, and even presently there is, much controversy as to the nature and cause of alcoholism.”

   1 later decision quote this exact passage · from the majority
   e.g. McKelvey v. Turnage