Bazley v. Silverman’s Empirical Analysis
1981
Citation profile
1 federal appellate · 2 state decisions
Relationships
Relies on 397 So. 2d 475 - Bazley v. Tortorich · 359 So. 2d 637 - Guidry v. Aetna Cas. & Sur. Co. · Tullier v. Tanson Enterprises, Inc. · Shields v. State ex rel. Department of Corrections · 385 So. 2d 391 - Courtney v. BASF Wyandotte Corp.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It thus appears that earlier courts of appeal’s interpretation of the meaning of ‘intent’ in LSA-R.S. 23:1032 as amended by Act 147 of 1976 has either been overruled by the Supreme Court in Bazley, supra, or at any rate the meaning has been so broadened as to effectively do away with the earlier definition of the courts of appeal. In doing away with the earlier definition unless we include in the definition ‘should have known that the result would follow’ there exists a distinction without a difference. Why? Under the Supreme Court definition in Bazley. one must desire the result or know that the consequences are substantially certain to result. It is imperative that a responsibility be placed on the actor, not simply that he knows the result but that he should have known the result of his action. The ‘should have known’ standard is preferable in that it is an objective standard. The desired or known result standard is subjective and thus the distinction without a difference.” At page 231.”
1 later decision quote this exact passage · from the concurrence
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.