Cable v. Shefchik’s Empirical Analysis

Citation profile

1 district · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the conduct at issue lies within the ambit of the statute or regulation in question.”

   2 later decisions quote this exact passage
   e.g. HDI-Gerling America Insurance Company v. Carlile Transportation Systems, Inc. · Parnell v. Peak Oilfield Service Co.

2. “There was a building code in effect for the City of Ketchikan and State of Alaska in 1982/1983 when the Ketchikan Correctional Center was constructed. It provides: 1979 Uniform Building Code § 3303(i). (i) Change in Floor Level at Doors.... Where doors open over landings, the landing shall have a length of not less than 5 feet. If you decide it is more likely true than not true that the State of Alaska violated any part of this law, you may consider that fact along with all other evidence [including any evidence tending to show why the law was violated] in deciding whether under the circumstances of this case the defendant used reasonable care. (Brackets in original.) The State's proposed Instruction 6 reads in pertinent part: There was a building code in effect for the City of Ketchikan and State of Alaska in 1994 that applies to this case. It provides: 1991 Uniform Building Code § 3304(j) (}) Landings at Doors.... - Landings shall have a length measured in the direction of travel of not less then 44 inches. If you decide it is more likely true than not true that the State of Alaska obeyed this law, you may still decide the State of Alaska is negligent if you decide that a reasonably careful person under circumstances similar to those shown by the evidence would have taken precautions in addition to those required by the uniform building code.”

   1 later decision quote this exact passage
   e.g. State, Department of Corrections v. Johnson

3. “The court may adopt as the standard of conduct of a reasonable man the requirements of a legislative enactment or an administrative regulation whose purpose is found to be exclusively or in part (a) to protect a class of persons which includes the one whose interest is and (b) to protect the particular interest which is invaded, and (c) to protect that interest against the kind of harm which has resulted, and (d) to protect that interest against the particular hazard from which the harm results.”

   1 later decision quote this exact passage
   e.g. State, Department of Corrections v. Johnson