Big Yank Corporation v. Liberty Mutual Fire Insurance Company’s Empirical Analysis
125 F.3d 308 · 1997
Citation profile
14 federal appellate · 1 district ·
How this case has been cited
Cited by 44 later decisions — most recently June 2022 · most notably First Bank of Marietta v. Hartford Underwriters Insurance (2002), 234 F. App'x 341 - Scott v. Metropolitan Health Corp. (2007)
14 federal appellate · 1 district ·
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 Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Alyeska Pipeline Service Company v. Wilderness Society · Hall v. Cole · Marek v. Chesny · Moore v. Philip Morris Companies, Inc.
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“award fees when a party litigates `in bad faith, vexatiously, wantonly, or for oppressive reasons.’”
3 later decisions quote this exact passage · from the majority“[i]n order to award attorney fees under this bad faith exception, a district court must find that the claims advanced were [1] meritless, [2] that counsel knew or should have known this, and [3] that the motive for filing the suit was for an improper purpose such as harassment.”
2 later decisions quote this exact passage · from the majority“Under Kentucky law, an insured may recover damages for an insurer’s bad faith only upon a showing that the insurer committed some intentional wrongful conduct. See Curry v. Fireman’s Fund Ins. Co., 784 S.W.2d 176 , 177 (Ky.1989) (resurrecting the tort of bad faith as a viable cause of action in Kentucky after it had briefly been abolished); Blue Cross & Blue Shield of Kentucky, Inc. v. Whitaker, 687 S.W.2d 557 , 559 (Ky.Ct. App.1985) (“[A]n action for bad faith ... requires something more than mere negligence. The term itself implies some intentional wrongful conduct.... Mere errors in judgment should not be sufficient to establish bad faith.”)', see also Matt v. Liberty Mut. Ins. Co., 798 F.Supp. 429 , 434 (W.D.Ky.1991) (“... [M]ere negligent conduct will not support a bad faith action [under Kentucky law]. Liability for bad faith will arise only in those instances where an insurer acts with some degree of conscious wrongdoing, recklessness or in a manner which reveals an unjustified gamble at the stake of the insured.”), aff'd, 968 F.2d 1215 (6th Cir.1992).”
1 later decision quote this exact passage · from the majority
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.