Reilly v. Anderson’s Empirical Analysis

Citation profile

2 federal appellate · 4 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Persons Acting in Concert, reads: For harm resulting to a third person from the tortious conduct of another, one is subject to liability if he (a) does a tortious act in concert with the other or pursuant to a common design with him, or (b) knows that the other’s conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself, or (c) gives substantial assistance to the other in accomplishing a tortious result and his own conduct, separately considered, constitutes a breach of duty to the third person. If the encouragement or assistance is a substantial factor in causing the resulting tort, the one giving it is himself a tortfeasor and is responsible for the con sequences of the other’s act. Thus, the Restatement (Second) of Torts specifically provides for joint and several liability when the other person gives substantial encouragement or assistance.”

   1 later decision quote this exact passage
   e.g. 638 F. Supp. 2d 1042 - NCMIC Finance Corporation v. Artino

2. “in jurisdictions that have modified or abolished joint and several liability, the rule ... imposes joint and several liability on all persons engaging in concerted action and, to that extent, supersedes the abolition or modification of joint and several liability.”

   1 later decision quote this exact passage
   e.g. Fed. Deposit Ins. Corp. v. Loudermilk

3. “whether a concerted-action tortfeasor is also jointly and severally liable for the share of comparative responsibility assigned to an independent tortfeasor who is also liable for the same indivisible injury.”

   1 later decision quote this exact passage
   e.g. Richards v. Badger Mutual Insurance