Long v. Fischer’s Empirical Analysis
1972
Citation profile
10
cited by 10 later decisions
4
states following
August 1983
most recently cited
2 district · 8 state decisions
Relationships
Relies on Powers v. Sumbler · Curry v. Kline · Roberts v. Dockstader · Burch v. Goodson · Ogg v. Ogg
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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.)”
1 later decision quote this exact passage · from the majority“To enable plaintiff to maintain an action [for alienation of affections] it is necessary that [plaintiff] allege and prove that the defendant was the active, controlling cause of the loss of [plaintiff’s spouse’s] love and affection and that the defendant exercised an improper, willful, and malicious influence in derogation of the plaintiff’s marital rights. . . . Hence, to state a cause of action it is essential that a plaintiff allege and prove [that plaintiff] was not at fault in causing [his or her spouse’s] affections to stray, and that [plaintiff’s spouse] did not voluntarily bestow [his or] her love and affection upon the stranger.”
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.