Kieser v. Southeast Properties’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because malice may not be inferred under the statute, there must be a specific showing of malice which requires proof of reckless disregard for the truth or actual malice. “ ‘The real test of whether a defendant’s conduct is reckless so as to constitute actual malice is whether he in fact entertained serious doubts as to the truth of his publications.’ ” Tibke, 479 N.W.2d at 906 (quoting Uken, 296 N.W.2d at 543 ). “ ‘Reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.’ ” Janklow v. Viking Press, 459 N.W.2d 415, 419 (S.D.1990) (quoting St. Amant v. Thompson, 390 U.S. 727, 731 , 88 S.Ct. 1323, 1325 , 20 L.Ed.2d 262, 267 (1968)). This Court has long held that the plaintiff has the burden of proving actual malice that destroys the privilege. (citations omitted).”

   2 later decisions quote this exact passage
   e.g. Schwaiger v. Avera Queen of Peace Health Services · Paint Brush Corp. v. Neu

2. “(1) In the proper discharge of an official duty; (2) In any legislative or judicial proceeding, or in any other official proceeding authorized by law; (3) In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information; (4) By a fair and true report, without malice, of a judicial, legislative, or other public official proceeding or of anything said in the course thereof. In the cases provided for in subdivisions (3) and (4) of this section, malice is not inferred from the communication or publication.”

   2 later decisions quote this exact passage
   e.g. Hernandez v. Avera Queen of Peace Hospital · Setliff v. Akins

3. “An occasion makes a publication conditionally privileged if the circumstances lead any one of several persons having a common interest in a particular subject matter correctly or reasonably to believe that there is in formation that another sharing the common interest is entitled to know.”

   2 later decisions quote this exact passage
   e.g. Setliff v. Akins · Paint Brush Corp. v. Neu