563 F. Supp. 2d 1372 - Brown v. Chertoff’s Empirical Analysis

Citation profile

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

1. “In determining whether dismissal is warranted, the court must consider: (1) whether the defendant was prejudiced as a result of the destruction of evidence; (2) whether the prejudice could be cured; (3) the practical importance of the evidence; (4) whether the plaintiff acted in good or bad faith; and (5) the potential for abuse if expert testimony about the evidence was not excluded.”

   1 later decision quote this exact passage · from the majority
   e.g. 736 F. Supp. 2d 1317 - Managed Care Solutions, Inc. v. Essent Healthcare, Inc.

2. “an adverse inference is drawn from a party's failure to preserve evidence only when the absence of that evidence is predicated on bad faith.”

   1 later decision quote this exact passage · from the majority
   e.g. Dodson v. Belk, Inc.

3. “since Flury , bad faith is only one factor to consider.”

   1 later decision quote this exact passage · from the majority
   e.g. 736 F. Supp. 2d 1317 - Managed Care Solutions, Inc. v. Essent Healthcare, Inc.