Chianese v. Meier’s Empirical Analysis

Citation profile

3 federal appellate · 5 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court has repeatedly declined to interfere with the Legislature’s policy choices as beyond the realm of judicial authority. Where the Legislature has spoken, indicating its policy preferences, it is not for courts to superimpose their own. Here, the Legislature has spoken. In section 1602, it has provided an extensive list of exemptions from the modified joint and several liability rule. Relying on the standard canon of construction of expressio unius est ex[cl]usio alterius, we can infer that the expression of these exemptions in the statute indicates an exclusion of others. This is especially true in the case of article 16, which, as demonstrated by its legislative history, was the product of a painstaking balance of interests. These interests included, among many others, the burdens to be imposed on innocent plaintiffs as well as a concern that defendants at fault to a small degree were consistently paying a disproportionate share of damages awards, adversely affecting the availability and affordability of liability insurance.”

   1 later decision quote this exact passage · from the majority
   e.g. Bifaro v. Rockwell Automation