Brodheim v. Cry’s Empirical Analysis

Citation profile

13 federal appellate · 5 district · 2 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 133 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] cause of action is (1) a primary right possessed by the plaintiff, (2) a corresponding primary duty devolving upon the defendant, and (3) a harm done by the defendant which consists of a breach of such primary right and duty.... [I]f two actions involve the same injury to plaintiff and the same wrong by the defendant, then the same primary right is at stake even if in the second suit the plaintiff pleads different theories of recovery, seeks different forms of relief and/or adds new facts supporting recovery.”

   1 later decision quote this exact passage · from the majority
   e.g. Hardesty v. Sacramento Metropolitan Air Quality Management District

2. “They were caused at different times, by different acts, and by different actors. In the state action, the alleged harm was inflicted by the Warden in 2003, when he allowed Cry to review grievances Bro-dheim filed against Cry. In Brodheim’s federal complaint, on the other hand, the actual alleged harm was inflicted by Cry himself when he placed the handwritten warning on Brodheim’s interview request form in 2001.”

   1 later decision quote this exact passage · from the majority
   e.g. Gonzales v. California Department of Corrections

3. “To prevail on a retaliation claim, a plaintiff must show that his protected conduct was the substantial or motivating factor behind the defendant's conduct.”

   1 later decision quote this exact passage · from the majority
   e.g. Angel v. Cruse