Fischer v. Maloney’s Empirical Analysis

Citation profile

37 federal appellate · 6 district · 12 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 439 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An action may lie for intentional infliction of severe emotional distress “for conduct exceeding all bounds usually tolerated by decent society” (Prosser, Torts [4th ed.], § 12, p. 56). The rule is stated in the Restatement, Torts 2d, as follows: “One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress” (§ 46, subd. [1]; see for one aspect Comment d: “Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community”).”

   16 later decisions quote this exact passage · from the majority
   e.g. Shaheed v. City of N.Y. · Herrick v. Grindr, LLC

2. “fall[] well within the ambit of other traditional tort liability.” Gonzalez v. Bratton, 48 Fed.Appx. 363, 365 (2d Cir.2002) (citing Fischer v. Maloney, 43 N.Y.2d 553, 558 , 402 N.Y.S.2d 991 , 373 N.E.2d 1215 (N.Y.1978)); accord Herlihy v. Metropolitan Museum of Art, 214 A.D.2d 250, 262 , 633 N.Y.S.2d 106 (1st Dep’t 1995) (”

   4 later decisions quote this exact passage · from the majority
   e.g. Shaheed v. City of N.Y. · Burris v. Nassau Cnty.

3. ““We do not undertake here to delineate the boundaries of this emerging ground of tort liability.” 43 N.Y.2d at 559 ; 402 N.Y.S.2d at 993 , 373 N.E.2d at 1217 .”

   1 later decision quote this exact passage · from the majority
   e.g. Garland v. Herrin