Schmitt v. Mann’s Empirical Analysis

Citation profile

5 federal appellate · 26 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “). From all of this, we must conclude that Kentucky would in the proper case apply the absolute privilege to communications by a party made preliminary to a seriously considered judicial proceeding. The conclusion is informed by Kentucky's historical acceptance of the absolute privilege, Kentucky's citation to provisions of the Restatement which recognize that the privilege applies to communications preliminary to a proposed judicial proceeding, and the persuasiveness of the Restatement itself as an indicator of the”

   4 later decisions quote this exact passage
   e.g. Dunbar v. Greenlaw · Smith v. Hodges

2. ““The petition to set aside the judgment and grant the defendant a new trial was merely a step in the case * * *. The affidavit * * * was executed therefore in a judicial proceeding then pending. If he had testified to the same matter upon the trial of the action for a new trial, his testimony would have been privileged, and the same rule should apply to an affidavit filed with the petition. * s *””

   1 later decision quote this exact passage
   e.g. Jones v. Trice

3. ““The general rule may be stated to be that pertinent matter in pleadings, motions, affidavits, and other papers in any judicial proceeding, is absolutely privileged, though false and malicious * *.””

   1 later decision quote this exact passage
   e.g. Hayes v. Rodgers