State v. Silva’s Empirical Analysis
1970
Citation profile
2 federal appellate · 6 district · 80 state decisions
How this case has been cited
Cited by 88 later decisions — most recently September 2021 · most notably 118 Wash. 2d 195 - Taggart v. State (1992), Krause v. State (1972)
2 federal appellate · 6 district · 80 state decisions — followed in 18 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Dandridge v. Williams · Evangelical United Brethren Church v. State · Rice v. Clark County · Harrigan v. City of Reno · Taylor v. State and Univ.
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Before the enactment of the statutory waiver of immunity, Nevada case law on the viability of the doctrine of sovereign immunity was uncertain and in flux. The trend was toward the judicial abolition of that doctrine. It is only fair to assume that the 1965 Legislature reacted to that trend, and elected to waive immunity within limits and impose a ceiling upon the recovery allowable to a claimant, rather than await further judicial action upon the subject. The apparent legislative thrust was to waive immunity and, correlatively, to strictly construe limitations upon that waiver, (citations omitted).”
5 later decisions quote this exact passage“NRS § 41.031 Waiver of immunity from liability and action; actions; State of Nevada as defendant; service of process. 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.-032 to 41.038 ... NRS § 41.035 Limitation on award for damages in tort actions. 1. An award for damages in an action sounding in tort brought under NRS 41.-031 or against a present or former officer or employee of the state or any political subdivision, immune contractor or any state legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of $50,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.”
4 later decisions quote this exact passage“[i]n a close case we must favor a waiver of immunity and accommodate the legislative scheme.”
3 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.