119 Ohio App. 3d 424 - Hicks v. Leffler’s Empirical Analysis

Citation profile

80 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The term “malice” is defined as the “willful and intentional design to do injury, or the intention or desire to harm another, usually seriously, through conduct which is unlawful or unjustified.” Jackson v.' Butler Cty. Bd. of Cty. Commrs. (1991), 76 Ohio App.3d 448, 453-454 , 602 N.E.2d 363 . The definition of “bad faith” is “the opposite of ‘good faith,’ generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, *. * * not prompted by an honest mistake as to one’s rights or duties, but by some interested or sinister motive.” Black’s Law Dictionary (5 Ed.1979), 127. Also, and by way of analogy to insurance law, “bad faith” is that for which there is no “reasonable justification.” Zoppo v. Homestead Ins. Co. (1994), 71 Ohio St.3d 552, 554 , 644 N.E.2d 397 . “Reckless” is defined as “ ‘disregard of the safety to others if he does an act or intentionally fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable man to realize, not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent.’ ” Thompson v. McNeill (1990), 53 Ohio St.3d 102, 104-105 , 559 N.E.2d 705 . Further, “the term ‘reckless’ is often used interchangeably with * * * ‘wanton.’ ” The definition of “reckless,” set forth above, applies equally to the conduct characteri”

   1 later decision quote this exact passage
   e.g. 332 F. Supp. 2d 1071 - Magrum v. Meinke

2. “[t]he term ‘malice’ is defined as the 'willful and intentional design to do injury, or the intention or desire to harm another, usually seriously, through conduct which is unlawful or unjustified.' ” Hicks v. Leffler, 119 Ohio App.3d 424 , 695 N.E.2d 777, 780 (1997) (quoting Jackson v. Butler Cty. Bd. of Cty. Commrs., 76 Ohio App.3d 448 , 602 N.E.2d 363, 367 (1991)). In the context of a claim for defamation, the Ohio Supreme Court has defined the term”

   1 later decision quote this exact passage
   e.g. McGee v. Simon & Schuster, Inc.