Wilkins v. Montgomery’s Empirical Analysis

Citation profile

6 federal appellate · 7 district · 1 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the surprise to the party against whom the evidence would be offered; (2) the ability of that party to cure the surprise; (3) the extent to which allowing the evidence would disrupt the trial; (4) the importance of the evidence; and (5) the non-disclosing party’s explanation for its failure to disclose the evidence.”

   6 later decisions quote this exact passage · from the majority
   e.g. Bresler v. Wilmington Trust Co. · Hill v. Coggins

2. “(1) supervisor had actual or constructive knowledge that subordinate was engaged in conduct posing pervasive and unreasonable risk of constitutional injury suffered by plaintiff; (2) supervisor's response constituted deliberate indifference to or tacit authorization of the unconstitutional practices; and (3) an affirmative link between supervisor's inaction and plaintiff's constitutional injury.”

   5 later decisions quote this exact passage · from the majority
   e.g. Stultz v. Virginia Department of Motor Vehicles · Turner v. Thomas

3. “[i]f a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless.”

   3 later decisions quote this exact passage · from the majority
   e.g. Precision Fabrics Grp., Inc. v. Tietex Int'l, Ltd. · 377 F. Supp. 3d 539 - Aerotek, Inc. v. Obercian