87 Misc. 2d 657 - K. D. v. Educational Testing Service’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 12 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To the extent that [ETS] can accurately predict the aptitude of a candidate for law school by means of its test results, it performs a highly valuable service not only to the law schools but to the public as well. Moreover, the accuracy of its predictions is [ETS's] sole stock in trade. The less accurate as a forecaster its tests are, the less value they have to the law schools. Thus, if [ETS] reasonably believed that the test scores of plaintiff as scored on the April, 1974 test, did not accurately reflect his aptitude for law school, it acted within its right to protect its own image as well as its obligation to the schools who are its clients in cancelling plaintiff's scores and requiring him to take a retest.”

   1 later decision quote this exact passage
   e.g. 252 N.J. Super. 610 - Scott v. Educational Testing Service

2. “[W]hile plaintiff's description of the agreement herein as a contract of adhesion may be justified, his conclusion that it is therefore void, is not.”

   1 later decision quote this exact passage
   e.g. 335 F. Supp. 3d 402 - Macintyre v. Moore