DeVaney v. Thriftway Marketing Corp.’s Empirical Analysis
1997
Citation profile
8 federal appellate · 20 district · 64 state decisions
How this case has been cited
Cited by 100 later decisions — most recently March 2024 · most notably Buck v. City of Albuquerque (2008), Durham v. Guest (2009)
8 federal appellate · 20 district · 64 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gertz v. Robert Welch, Inc. · Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. · St. Amant v. Thompson · United Mine Workers v. Pennington · United Mine Workers of America v. M Pennington Local Union No 189 Amalgamated Meat Cutters and Butcher Workmen of North America
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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the initiation of judicial proceedings against the plaintiff by the defendant; (2) an act by the defendant in the use of process other than such as would be proper in the regular prosecution of the claim; (3) a primary motive by the defendant in misusing the process to accomplish an illegitimate end; and (4) damages.”
11 later decisions quote this exact passage““The question of probable cause is a question of law and fact. Whether the circumstances alleged to show probable cause are true, and exist, is a matter of fact; but supposing them to be, whether they amount to probable cause, is a question of law.””
2 later decisions quote this exact passage“If a plaintiff chooses to delay the assertion of a malicious abuse of process claim until the termination of the underlying proceeding, the plaintiff must, instead, prove a lack of probable cause by a preponderance of the evidence. The availability of a favorable-termination defense adequately safeguards honest litigants so that a higher standard of proof is unnecessary.”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.