Roscoe v. Schoolitz’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Arizona an occasion for a publication is conditionally or qualifiedly privileged where circumstances exist which cast upon a defendant the duty of making a communication to a certain other person to whom he makes such communication in the performance of such duty. Ross v. State of Arizona, 54 Ariz. 396 , 96 P.2d 285 (1939). See also H. E. Crawford Co. v. Dun & Bradstreet, Inc., 241 F.2d 387 and Pavlovsky v. Board of Trade of San Francisco, 171 Cal.App.2d 110 , 340 P.2d 63 (1959). “It is the burden of the defendant to establish the existence of the occasion by a preponderance of the evidence; and as stated above, whether the occasion is privileged or not is to be ruled on by the court as a matter of law, except in those cases where the facts of the occasion are in dispute. Phoenix Newspapers v. Choisser, supra, [ 82 Ariz. 271 , 312 P.2d 150 ]; Nuyen v. Slater, 372 Mich. 654 , 127 N.W.2d 369 (1964); Sheehan v. Tobin, 326 Mass. 185 , 93 N.E.2d 524 (1950).’’”

   1 later decision quote this exact passage · from the majority
   e.g. Portonova v. Wilkinson

2. ““It is the occasion for the publication rather than the language thereof which gives rise to the privilege, and the privilege attaches in spite of the character of the publication itself, and continues until properly rebutted.” Phoenix Newspapers v. Choisser, 82 Ariz. 271, 276 , 312 P.2d 150, 154 (1957). See also Roscoe v. Schoolitz, 105 Ariz. 310 , 464 P.2d 333 (1970).”

   1 later decision quote this exact passage · from the majority
   e.g. MacConnell v. Mitten