224 Cal. App. 2d 69 - Erlich v. Etner’s Empirical Analysis

Citation profile

12 federal appellate · 2 district · 28 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “an intentional disparagement of the quality of property, which results in pecuniary damage....”

   3 later decisions quote this exact passage
   e.g. 388 F. Supp. 3d 1133 - Alterg, Inc. v. Boost Treadmills LLC · Industrie Aeronautiche E. Meccaniche Rinaldo Piaggio S.p.A. v. Kasler

2. ““Except as to the Beverly Hilton account, there was a total failure to show that any loss, even of gross business, was attributable to the publications for which Etner was responsible. True, plaintiff himself testified in broad terms that he had lost over-the-counter trade, naming some customers * * * because of the publicity given to his arrest and trial. But this was a mere conclusion on his part. He did not testify that any customer had ever assigned the publicity as a reason for ceasing to trade with him, nor, although the purchasing agents of his commercial accounts were available, were any called to give their own version of why they ceased dealing with plaintiff. While * * * plaintiff may allege causation in general terms, he must still prove that fact by something more than his own guess as to what had gone on in his former customers’ minds, where that mental operation was entirely uncommunicated to him or [so far as here appears] to anyone else.””

   1 later decision quote this exact passage
   e.g. Crystal Gas Co. v. Oklahoma Natural Gas Co.