918 F. Supp. 2d 1075 - Johnson v. Gibson’s Empirical Analysis
2013
Citation profile
1 federal appellate ·
Relationships
Applies 28 U.S.C. § 636
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Warren III v. City of Carlsbad · Hector v. Wiens
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Had the Supreme Court been concerned about the ultimate rulings in Brewer, including the detriment/benefit calculus applied to Swackhammer to support the finding that the Act, as applied to a private landowner, did not violate the [Remedy Clause], it clearly could have addressed those rulings in Smothers or Storm [v. McClung, 334 Or. 210 , 47 P.3d 476 (2002)] or by granting review in the appeal of Brewer. The fact that the Oregon Supreme Court has seen fit to allow the rulings in Brewer to remain unquestioned in at least two cases in which it expressed concern with some of the tangential issues addressed in Brewer, and denied review of the ultimate rulings in Brewer after discussing the Remedy Clause in detail, supports a conclusion that the detriment/benefit calculus on which the Brewer court relied in finding that the application of the Act to a private landowner does not violate the Remedy Clause is still good law.”
1 later decision quote this exact passagee.g. Johnson v. Gibson
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.