Van Meter v. Van Meter’s Empirical Analysis

Citation profile

1 district · 17 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[is] not required to identify a specific legal theory; it is sufficient if the prima facie elements of a claim are stated, and this statement is “fair notice” to the de-fendant_ Under such “notice pleading,” Iowa R.Civ.P. 69(a), it is sufficient if the petition apprises a defendant of the incident giving rise to the claim and of the general nature of the action. Id. The petition here was sufficient to apprise the defendant of the facts out of which the claim arose and of the general nature of the action, i.e., a claim for negligent placement of the house. To require the plaintiffs to go further and identify the specific legal theory underlying the claim would be inconsistent with the notice pleading concept in rule 69(a), requiring only “a short and plain statement of the claim showing that the pleader is entitled to relief.””

   1 later decision quote this exact passage
   e.g. Unertl v. Bezanson

2. “(1) Outrageous conduct by the defendant; (2) The defendant’s intention of causing, or reckless disregard of the probability of causing emotional distress; (3) The plaintiff’s suffering severe or extreme emotional distress; and (4) Actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.”

   1 later decision quote this exact passage
   e.g. Strauss v. Cilek

3. “the elements of the tort of intentional infliction of emotional distress, and some of its policy considerations, are different from those in an alienation claim”

   1 later decision quote this exact passage
   e.g. 162 Wis. 2d 797 - Koestler v. Pollard