Smith v. Regional Transit Authority’s Empirical Analysis

Citation profile

10 federal appellate ·

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

1. “The “borrowed” state statute is applied where there is no federal statute of limitations. Moore v. McDonald, 30 F.3d 616, 620 (5th Cir. 1994). The catchall four-year federal statute of limitations applies "for actions arising under federal statutes enacted after December 1, 1990.” Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369, 371 , 124 S.Ct. 1836 , 158 L.Ed.2d 645 (2004). "[I]f the plaintiff’s claim against the defendant was made possible by a post-1990 enactment,” the four-year statute of limitations applies. Id. at 382 , 124 S.Ct. 1836 . Here, Plaintiffs’ claims were not "made possible” by a post-1990 federal statute. The only post-1990 amendment to Section 1983 merely limited claims against judicial officers. See Campbell v. Forest Pres. Dist. of Cook Cnty., Ill., 752 F.3d 665, 668 (7th Cir. 2014). As such, we have previously concluded that the catchall statute of limitations does not apply to Section 1983. Garrett v. Thaler, 560 Fed.Appx. 375, 383 (5th Cir. 2014) (citing Walker v. Epps, 550 F.3d 407, 411 (5th Cir. 2008)).”

   1 later decision quote this exact passage · from the majority
   e.g. Angelo Gonzalez v. Ronnie Seal

2. “One of the most important factors to be considered in determining whether an organization is an agency or instrumentality of the United States or any state or political subdivision is the degree of control that the federal or state government has over the organization's everyday operations. Other factors include: (1) whether there is specific legislation creating the organization; (2) the source of funds for the organization; (3) the manner in which the organization's trustees or operating board are selected; and (4) whether the applicable governmental unit considers the employees of the organization to be employees of the applicable governmental unit. Although all of the above factors are considered in determining whether an organization is an agency of a government, the mere satisfaction of one or all of the factors is not necessarily determinative. 187”

   1 later decision quote this exact passage · from the majority
   e.g. 336 F. Supp. 3d 642 - Le v. Unum Ins. Co. of Am.

3. “(1) whether it is used for a governmental purpose and performs a governmental function; (2) whether performance of its function is on behalf of one or more states or political subdivisions; (3) whether there are any private interests involved, or whether the states or political subdivisions involved have the powers and interests of an owner; (4) whether control and supervision of the organization is vested in public authority or authorities; (5) if express or implied statutory or other authority is necessary for the creation and/or use of such an instrumentality, and whether such authority exists; and (6) the degree of financial autonomy and the source of its operating expenses. 186”

   1 later decision quote this exact passage · from the majority
   e.g. 336 F. Supp. 3d 642 - Le v. Unum Ins. Co. of Am.