5 canonical passages across 4 cases, quoted by 14 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Garcia v. Duffy.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Garcia v. Duffy Anchor | green | “during the course of employment, the employer becomes aware or should have become aware of problems with an employee that indicated his unfitness, and the employer fails to take further action such as investigating, discharge, or reassignment.” | 3 |
| 2 | Smolnikar v. Royal Caribbean Cruises Ltd. | green | “the only difference between negligent selection and negligent retention claims is 'the time at which the principle is charged with knowledge of the contractor's unfitness.” | 3 |
| 3 | Davies v. Commercial Metals Co. | green | “(1) the contractor was incompetent or unfit to perform the work; (2) the employer knew or reasonably should have known of the particular incompetence or unfitness; and (3) the contractor's incompetence or unfitness was a proximate cause of the plaintiff's injury.” | 3 |
| 4 | Brent Wolf v. Celebrity Cruises, Inc. | green | “(1) the contractor was incompetent or unfit to perform the work; (2) the employer knew or reasonably should have known of the particular incompetence or unfitness; and (3) the contractor's incompetence or unfitness was a proximate cause of the plaintiff's injury.” | 3 |
| 5 | Garcia v. Duffy | green | “negligent retention ... occurs when, during the course of employment, the employer becomes aware or should have become aware of problems with an employee that indicated his unfitness, and the employer fails to take further action such as investigating, discharge, or reassignment.” | 2 |
A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.