41 Md. App. 47 - Delia v. Berkey’s Empirical Analysis
1978
Citation profile
6 federal appellate · 29 state decisions
How this case has been cited
Cited by 41 later decisions — most recently May 2008 · most notably Berkey v. Delia (1980), 50 Md. App. 226 - Jensen v. American Motors Corp., Inc. (1981)
6 federal appellate · 29 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on New York Times Co. v. Sullivan · Poller v. Columbia Broadcasting System, Inc. · St. Amant v. Thompson · Garrison v. State of Louisiana · Cox Broadcasting Corp. v. Cohn
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The New York Times or the so called 'constitutional malice' doctrine focuses primarily on the element of scienter. Knowing falsity or reckless disregard for truth involves proof of a ‘high degree of awareness of ... probable falsity ...,' Garrison v. Louisiana, supra [ 379 U.S. 64 , 85 S.Ct. 209 , 13 L.Ed.2d 125 (1964)], such that the defendant 'entertained serious doubts as to the truth of his publication.’ St. Amant v. Thompson, 390 U.S. 727 , 731, 88 S.Ct. 1323 , 1325, 20 L.Ed.2d 262 (1968). Accord, Marchesi v. Franchino, 283 Md. 131 , 387 A.2d 1129 (1978)."”
5 later decisions quote this exact passage · from the majority“These cases are clear that reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication. Publishing with such doubts show reckless disregard for truth or falsity and demonstrates actual malice.”
4 later decisions quote this exact passage · from the majority“The Court of Appeals on numerous occasions has stated that the function of the summary judgment procedure is not to try the case or decide the issues of fact raised; it is merely to determine whether there is an issue of fact to be tried, and if there is none, to cause judgment to be issued accordingly, [citations omitted]. In ruling on a motion for summary judgment, the inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion, and even if it is found unlikely that the party opposing the motion will prevail at trial, this is insufficient to authorize a summary judgment, [citations omitted].”
1 later decision quote this exact passage · from the majority
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.