Berczyk v. Emerson Tool Co.’s Empirical Analysis
2003
Citation profile
5 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 636
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Foman v. Davis · Cities of Charlottesville v. Official Committee of Unsecured Creditors of Columbia Gas Transmission Corp. · Texas v. Louisiana · O'Connell v. Shalala
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A defendant has acted with deliberate disregard for the rights or safety of others if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the rights or safety of others and: (1) deliberately proceeds to act in conscious or intentional disregard of the high degree of probability of injury to the rights or safety of others; or (2) deliberately proceeds to act with indifference to the high probability of injury to the rights or safety of others.”
2 later decisions quote this exact passage“if the court finds prima facie evidence in support of the motion, the court shall grant the moving party permission to amend the pleadings to claim punitive damages.”
1 later decision quote this exact passage“only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others,”
1 later decision quote this exact passage
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.