Der v. Connolly’s Empirical Analysis

Citation profile

11 federal appellate · 3 district ·

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

1. “if there was a clear and prejudicial abuse of discretion.”

   2 later decisions quote this exact passage · from the majority
   e.g. Holmes v. Slay · Michael Holmes v. Bobby Lee Garrett

2. “This court reviews for an abuse of discretion a district court’s jury instructions. Zebley v. Heartland Indus. of Dawson, Inc., 625 F.3d 449 , 455 (8th Cir.2010). “A district court possesses broad discretion in instructing the jury, and jury instructions do not need to be technically perfect or even a model of clarity.” Id. (quotation and citation omitted). We limit our review “to whether the jury instructions, taken as a whole, fairly and adequately represent the evidence and applicable law in light of the issues presented to the jury in a particular case.” Id. (quotation and citation omitted). “[E]ven if we find that a district court erroneously instructed the jury, we will reverse only where the error affects the substantial rights of the parties.” Id. (quotation and citation omitted).”

   1 later decision quote this exact passage · from the majority
   e.g. American Bank of St. Paul v. TD Bank, N.A.

3. “[E]mploying a criminal burden of proof is contrary to established principles governing civil trials, namely, that the ultimate risk of nonpersuasion must remain squarely on the plaintiff.”

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Clark