Temkin’s Empirical Analysis

Citation profile

26 federal appellate · 22 district · 11 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 185 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The burden then shifts to the nonmoving party to come forward with facts sufficient to create a triable issue of fact.”

   5 later decisions quote this exact passage · from the majority
   e.g. Fielder v. R.V. Coleman Trucking, Inc. · Monongalia Cnty. Dev. Auth. v. Traveler's Indem. Co. of Conn.

2. “1) the chase continued for a significant period of time over a ten mile area; 2) the chase continued at a very high rate of speed; 3) the case was initiated because of a minor violation; 4) the police already had, at a minimum, a partial identification of the license plate of the suspect vehicle; and 5) the chase violated [a sheriff’s department order] because [the officer] failed to maintain radio contact with his supervisor throughout.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Hicks v. Leake · 854 F. Supp. 1184 - Carroll v. Borough of State College

3. “while disturbing and lacking in judgment”

   4 later decisions quote this exact passage · from the concurrence
   e.g. 884 F. Supp. 1086 - Smith v. Lexington Fayette Urban County Government · Marie Evans Muriel Evans v. Terrace Avery et al.