Smith v. Pena’s Empirical Analysis

Citation profile

9 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““the District Court ... shall have exclusive jurisdiction of civil actions on claims against the United States for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.””

   2 later decisions quote this exact passage · from the majority
   e.g. Green v. United States · Green v. United States

2. “a statute must be construed according to its ordinary meaning unless it can be said that Congress clearly did not intend it to have such meaning as determined from other parts of the statute or legislative history.”

   1 later decision quote this exact passage · from the majority
   e.g. 594 F. Supp. 147 - State of Ill. v. US DEPT. OF H. & HS

3. “the Act does require some brand of misfeasance or nonfeasance, and so could not extend to liability without fault.”

   1 later decision quote this exact passage · from the majority
   e.g. 588 F. Supp. 473 - Barlieb v. Turner & Newall, Ltd.