Kleeman v. Rheingold’s Empirical Analysis

Citation profile

7 federal appellate · 7 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There are no clearly defined criteria for identifying duties that are nondelegable. Indeed, whether a particular duty is properly categorized as “nondelegable” necessarily entails a sui generis inquiry, since the conclusion ultimately rests on policy considerations____ The most often cited formulation is that a duty will be deemed nondelegable when ‘“the responsibility is so important to the community that the employer should not be permitted to transfer it to another.’ ”... This flexible formula recognizes that the “privilege to farm out [work] has its limits” and that those limits are best defined by reference to the gravity of the public policies that are implicated.”

   1 later decision quote this exact passage · from the majority
   e.g. 828 F. Supp. 155 - Faughnan v. Big Apple Car Service

2. “this category [negligent selection] may not be a true exception to the general rule, since it concerns the employer's liability for its own acts or omissions rather than its vicarious liability for the acts and omissions of the contractor. 50 598 N.Y.S.2d 149, 614 N.E.2d at 715 n. 1. See also Flood v. Re Lou Leasing Eng., 487 F.Supp. 364, 367 (E.D.N.Y.1980). The Restatement (Second) of Torts § 411 (1965), takes the same position:”

   1 later decision quote this exact passage · from the majority
   e.g. Becker v. Poling Transportation Corp.

3. “in selecting, instructing, or supervising the contractor.”

   1 later decision quote this exact passage · from the majority
   e.g. Becker v. Poling Transportation Corp.