James v. Poppa’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Every employer subject to the provisions of this chapter shall be liable, irrespective of negligence, to furnish compensation [...] for personal injury or death of the employee by accident arising out of and in the course of his employment, and shall be released from all other liability therefor whatsoever, whether to the employee or any other person. [...] 2. The rights and remedies herein granted to an employee shall exclude all other rights and remedies of the employee [...] at common law or otherwise, on account of such accidental injury or death, except such rights and remedies as are not provided for by this chapter.”

   3 later decisions quote this exact passage · from the majority
   e.g. State Ex Rel. Title Loan Co. v. Vincent · Graham v. Geisz

2. “A motion to dismiss for lack of subject matter jurisdiction is the proper method to raise a defense of exclusivity of workers’ compensation. When the exclusivity of workers’ compensation is raised as a defense, the summary judgment standard, i.e., whether a material issue of fact exists, is not the appropriate standard of review. Regardless of whether the applicability of the Workers’ Compensation Law is raised as a defense to a common law cause of action in the form of a motion to dismiss or in a motion for summary judgment, the trial court must initially treat it as a motion to dismiss for lack of subject matter jurisdiction. A court should grant a motion to dismiss for lack of subject matter jurisdiction whenever it “appears” that the court lacks jurisdiction. As the term “appears” suggests, the quantum of proof is not high. It must appear by a mere preponderance of the evidence that the court is without jurisdiction,”

   1 later decision quote this exact passage · from the majority
   e.g. Risher v. Golden

3. “Generally, the decision to dismiss for lack for subject-matter jurisdiction is a question of fact left to the sound discretion of the trial court, and it will not be reversed on appeal absent an abuse of that discretion. However, where, as here, the facts are uncontested, a question as to the subject-matter jurisdiction of a court is purely a question of law, which is reviewed de novo. This Court is primarily concerned with the correctness of the result, not the route taken by the trial court to reach it; the trial court’s judgment will be affirmed if it is correct on any ground supported by the record, regardless of whether the trial court relied on that ground.”

   1 later decision quote this exact passage · from the majority
   e.g. Charron v. State