Wertz v. Allen’s Empirical Analysis

Citation profile

9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) a false and defamatory statement concerning the plaintiff; (2) an unprivileged communication to a third party; (3) fault by the defendant amounting at least to negligence; and (4) special harm or the actionability of the statement irrespective of special harm.”

   2 later decisions quote this exact passage
   e.g. Renton v. Watson · 340 F. Supp. 3d 1334 - Stoploss Specialists, LLC v. Vericlaim, Inc.

2. “a false representation by a defendant; scienter; intention to induce the plaintiff to act or refrain from acting; justifiable reliance by plaintiff; and damage to the plaintiff.”

   2 later decisions quote this exact passage
   e.g. OCONEE FEDERAL SAVINGS AND LOAN ASSOCIATION v. BROWN Et Al. · Goins v. The Family Y

3. “communications which are afforded an absolute privilege cannot form the basis of a defamation action, regardless of the falsity of the statements or the speaker's malicious intent; conditionally privileged statements, on the other hand, are actionable upon a showing of malice.”

   1 later decision quote this exact passage
   e.g. 340 F. Supp. 3d 1334 - Stoploss Specialists, LLC v. Vericlaim, Inc.