Kolbe v. State’s Empirical Analysis

Citation profile

23 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Is the plaintiff a member of the class for whose benefit the statute was enacted? (2) Is there any indication of legislative intent, explicit or implicit, to either create or deny such a remedy? (3) Would allowing such a cause of action be consistent with the underlying purpose of the legislation? (4) Would the private cause of action intrude into an area over which the federal government or a state administrative agency holds exclusive jurisdiction?”

   4 later decisions quote this exact passage
   e.g. Stotts v. Eveleth · Meinders v. Dunkerton Community School District

2. “[t]here is no duty so to control the conduct of a third person as to prevent him from causing physical harm to another unless (a) a special relation exists between the actor [State] and the third person [prisoner] which imposes a duty upon the actor to control the third person’s [prisoner’s] conduct, or (b) a special relation exists between the actor [State] and the other [victim] which gives to the other [victim] a right to protection.”

   3 later decisions quote this exact passage
   e.g. Kaitlyn Johnson v. Humboldt County, Iowa · Kolbe v. State

3. “Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. The burden is on the moving party to establish there is no genuine issue of material fact, and the facts must be viewed in the light most favorable to the nonmoving party.”

   2 later decisions quote this exact passage
   e.g. Stotts v. Eveleth · Overturff v. Raddatz Funeral Services, Inc.