Philibert v. Kluser’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Emotional distress, like economic loss, ripples throughout society as a foreseeable result of negligent conduct. Without some limiting principle in addition to foreseeability, permitting recovery for emotional injuries would create indeterminate and potentially unlimited liability.”

   2 later decisions quote this exact passage
   e.g. Schack v. Schack · Tomlinson v. Metropolitan Pediatrics, LLC

2. “[T]he [emotional] injury's foreseeability, standing alone, is insufficient to establish the defendant's liability: there must also be another 'legal source' of liability for the plaintiff to recover emotional distress damages.”

   1 later decision quote this exact passage
   e.g. Tomlinson v. Metropolitan Pediatrics, LLC

3. “'liability in an indeterminate amount for an indeterminate time to an indeterminate class.'”

   1 later decision quote this exact passage
   e.g. Tomlinson v. Metropolitan Pediatrics, LLC