Bernard Duse Jr v. International Business Machines Corporation’s Empirical Analysis

Citation profile

2 district ·

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

1. “The language of the Settlement Agreement in the present case is unambiguous. The Agreement did not by its terms forbid IBM to file a Form 1099. Indeed, Dusé himself admitted as much in an affidavit he submitted in opposition to summary judgment, as he noted that his attorney did “not insist [ ] that the settlement agreement be drafted in language sufficiently clear and precise to preclude such an action by IBM.” The Settlement Agreement stated merely that IBM would not disclose the amount paid “except as may be required by law or by any business necessity.” The contract does not appear to be unclear; what may have been unclear was the law.”

   1 later decision quote this exact passage
   e.g. 444 F. Supp. 2d 540 - Ward v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (AFLAC).

2. “[a]ll persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income ... of $600 or more in any taxable year ... shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment.”

   1 later decision quote this exact passage
   e.g. 444 F. Supp. 2d 540 - Ward v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS (AFLAC).

3. “(1) that the actor intended to inflict emotional distress, or knew or should have known that emotional distress was the likely result of its conduct, (2) that the conduct was extreme and outrageous, (3) that the defendant’s conduct was the cause of the plaintiffs distress, and (4) that the emotional distress sustained by the plaintiff was severe.”

   1 later decision quote this exact passage
   e.g. Hopkins v. New England Health Care Employees Welfare Fund