Higgs v. Bole’s Empirical Analysis

Citation profile

4 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[0]ne who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress and for bodily harm resulting from the distress. The emotional distress thereunder must be so severe that no reasonable person could be expected to endure it. Any recovery must be reasonable and justified under the circumstances, liability ensuing only when the conduct is extreme. By extreme we refer to conduct so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society. The tort of outrage is an extremely limited cause of action. It is so limited that this Court has recognized it in regard to only three kinds of conduct: (1) wrongful conduct in the family-burial context; (2) barbaric methods employed to coerce an insurance settlement, and (3) egregious sexual harassment. In order to recover, a plaintiff must demonstrate that the defendant’s conduct “(1) was intentional or reckless; (2) was extreme and outrageous; and (3) caused emotional distress so severe that no reasonable person could be expected to endure it.””

   3 later decisions quote this exact passage
   e.g. 30 F. Supp. 3d 1285 - Livingston v. Marion Bank & Trust Co. · 947 F. Supp. 2d 1271 - Roddy v. City of Huntsville

2. “That is not to say, however, that the tort of outrage is viable in only the three circumstances noted.... It is clear, however, that the tort of outrage is viable only when the conduct is “ ‘so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society.’ ””

   2 later decisions quote this exact passage
   e.g. Dates v. Frank Norton, LLC · 947 F. Supp. 2d 1271 - Roddy v. City of Huntsville

3. ““It is clear that [the pastor’s] claims were intertwined with the underlying investigation by the Conference, with the resolution, and with the Conference’s ultimate decision to remove [the pastor and his son, a senior member]. Any attempt to adjudicate [the pastor’s] claim would require an impermissible inquiry into the Conference’s investigation of the complaints against [the pastor and his son],. into the results of the investigation conducted by the Conference, into the factual findings that formed the basis for .the resolution, and into the Conference’s decision to remove [the pastor and his son] from [the church]. ... For these reasons, the trial court did not have subject-matter jurisdiction over [the pastor’s] claims against [the lay member] by virtue of the First and Fourteenth Amendments to the United States Constitution.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Greer v. North Alabama Conference of the United Methodist Church