James v. Wilson’s Empirical Analysis

Citation profile

2 federal appellate · 48 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court should not grant the motion unless it appears the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim. In making this decision, the circuit court is not required to make any factual determination; rather, the question is purely a matter of law. Stated another way, the court must ask if the facts alleged in the complaint can be proved, would the plaintiff be entitled to relief?”

   7 later decisions quote this exact passage
   e.g. Benningfield v. Pettit Environmental, Inc. · Wayne Cnty. Hosp., Inc. v. Wellcare Health Ins. Co. of Ky., Inc.

2. “(a) does a tortious act in concert with the other or pursuant to a common design with him, or (b) knows that the other’s conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself, or (c) gives substantial assistance to the other in accomplishing a tortious result and his own conduct separately considered, constitutes a breach of duty to the third person.”

   2 later decisions quote this exact passage
   e.g. 169 F. Supp. 3d 709 - RaceTech, LLC v. Kentucky Downs, LLC · Stone v. Atherton (In Re Stone)

3. “(a) a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or (b) a special relation exists between the actor and the other which gives to the other a right to protection.”

   2 later decisions quote this exact passage
   e.g. Grand Aerie Fraternal Order of Eagles v. Carneyhan · Johnson v. United Parcel Service, Inc.