263 Mich. App. 618 - Walsh v. Taylor’s Empirical Analysis

Citation profile

10 federal appellate · 2 district · 10 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. “In reviewing a motion under MCR 2.116(C)(10), this Court considers the pleadings, admissions, affidavits, and other relevant documentary evidence of record in the light most favorable to the nonmoving party to determine whether any genuine issue of material fact exists to warrant a trial.”

   3 later decisions quote this exact passage
   e.g. 283 Mich. App. 243 - Auto-Owners Insurance v. Ferwerda Enterprises, Inc. · 320 Mich. App. 353 - Southfield Educ. Ass'n v. Bd. of Educ. of the Southfield Pub. Sch.

2. “(1) the defendant has initiated a criminal prosecution against him, (2) the criminal proceedings terminated in his favor, (3) the private person who instituted or maintained the prosecution lacked probable cause for his actions, and (4) the action was undertaken with malice or a purpose in instituting the criminal claim other than bringing the offender to justice.”

   2 later decisions quote this exact passage
   e.g. Miller v. Sanilac County · Gamrat v. Allard

3. “The cases thus far decided have found liability only where the defendant’s conduct had been extreme and outrageous. It has not been enough that the defendant acted with an intent which is tor-tious or even criminal, or that he had intended to inflict emotional distress, or even that his conduct has been characterized by “malice”, or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, “Outrageous!” The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions or other trivialities. The rough edges of our society are still in need of a good deal of filing down, and in the meantime, plaintiffs must necessarily be expected and required to be hardened to a certain amount of rough language, and to occasional acts that are definitely inconsiderate and unkind. There is no occasion for the law to intervene in every case where someone’s feelings are hurt. There must still be freedom to express an unflattering opinion, and some safety valve must be left through which irascible tempers may blow off re”

   1 later decision quote this exact passage
   e.g. 434 F. Supp. 2d 467 - Johnson Ex Rel. Smith v. City of Lincoln Park