Curry v. Kline’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The defendant must have exercised improper, willful, and malicious influence on [plaintiff’s] spouse in derogation of the plaintiff’s marital rights. (2) The [plaintiff’s] spouse must not have voluntarily accepted defendant’s advances at the outset of the affair. (3) The [plaintiff’s] spouse must not have actively contributed to the procuration by intentionally seeking the companionship and the affection of the defendant. (4) The plaintiff must prove he or she was not at fault in causing the other spouse’s affections to stray. (5) The willful and malicious influence of the defendant on the [plaintiff’s] spouse must be proven as the procuring cause of the loss of the love and affection which the [plaintiff’s] spouse formerly held for the plaintiff. (Emphasis omitted.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Long v. Fischer · Wilson v. Aylward