Zank v. Larson’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The issue is not whether the government action involved the exercise of discretion in a general sense, because almost every government function does involve some exercise of discretion, but rather whether the challenged activity “involved a balancing of policy objectives.” * * * Discretionary immunity protects the government only when it can produce evidence its conduct was of a policy-making nature involving social, political, or economic considerations, rather than merely professional or scientific judgments.”

   1 later decision quote this exact passage
   e.g. In Re Alexandria Accident of February 8, 1994

2. “whether the challenged government conduct involves a balancing of policy considerations.” Id. If the challenged conduct represents decision-making at the.policy or planning level, it is entitled to statutory protec tion; if the conduct represents mere operational level implementation of policy, it is generally unprotected. Id. We have interpreted the discretionary function exception narrowly — protecting only those activities which require the balancing of policy objectives,”

   1 later decision quote this exact passage
   e.g. Gleason v. Metropolitan Council Transit Operations

3. “On appeal from denial of summary judgment, this court must determine whether any genuine issues of material fact exist and whether the district court erred in applying the law.”

   1 later decision quote this exact passage
   e.g. American States Insurance Co. v. Ankrum