Schatz’s Empirical Analysis

Citation profile

13 federal appellate · 13 district · 8 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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We have long held 'that a motion to dismiss for failure to state a claim for relief should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim.'”

   4 later decisions quote this exact passage
   e.g. Chapin v. Knight-Ridder · Chapin

2. “that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”

   3 later decisions quote this exact passage
   e.g. Chapin v. Knight-Ridder · Chapin

3. “In reviewing the legal sufficiency of the complaint, we construe the factual allegations “in the light most favorable to plaintiff.” However, we are “not so bound with respect to [the complaint’s] legal conclusions. Were it otherwise, Rule 12(b)(6) would serve no function, for its purpose is to provide a defendant with a mechanism for testing the legal sufficiency of the complaint.””

   2 later decisions quote this exact passage
   e.g. Stevens v. Jackson · Wolford v. Budd Co.