Fowler v. Benton’s Empirical Analysis
1967
Citation profile
3 federal appellate · 6 district · 50 state decisions
How this case has been cited
Cited by 63 later decisions — most recently April 2021 · most notably Schatz, Sergeant Co. v. Pickett (1979)
3 federal appellate · 6 district · 50 state decisions
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 Safeway Stores, Inc. v. Barrack · Fowler v. Benton · Walsh v. Edwards · Fiege v. Boehm · Dorough v. Lockman
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘In ordinary cases the recovery of exemplary, punitive, or vindictive damages will not be allowed in an action of deceit; but such damages may be allowed where the wrong involves some violation of duty springing from a relation of trust or confidence, or where the fraud is gross, or the case presents other extraordinary or exceptional circumstances clearly indicating malice and wilfulness....’””
2 later decisions quote this exact passage · from the majority““In order that expenses of so-called ‘collateral litigation’ be allowed as damages to a plaintiff, ‘such expenses must be the natural and proximate consequence of the injury complained of and must have been incurred necessarily and in good faith and the amount thereof must be reasonable.’ 25 C.J.S. Damages § 50. In our view the litigation expenses for which appellants claim reimbursement do not meet this test.” (Emphasis supplied.)”
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.