Ogle v. Craig’s Empirical Analysis

Citation profile

2 federal appellate · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The fact that an act is unlawful is not of itself ground for an award of exemplary or punitive damages. The act complained of not only must be unlawful but also must partake of a wanton and malicious nature, or, as sometime stated, somewhat of a criminal or wanton nature, and an act will not be deemed malicious, and so warranting punitive damages, merely because it is unlawful or wrongful.””

   2 later decisions quote this exact passage
   e.g. Killian v. Trans Union Leasing Corp. · Ancira-Winton Chevrolet, Inc. v. Wilkerson

2. “"* * * The evidence must show some element of fraud, malice or oppression, and the conduct of the defendant must be actuated by or accompanied with some evil intent or result from such gross negligence that the same may be regarded as an intentional injury. * * * “Damages by way of punishment, as a general rule, may not be awarded where it appears that the defendant acted in good faith or without wrongful intention or in the good faith belief that he was exercising his right. * * *””

   1 later decision quote this exact passage
   e.g. Crockett v. Smith

3. “fraud and/or malice.” This contention was rejected by the Supreme Court: "acts violative of the rights of another may be said to be wrongful and, indeed, may be motivated by bad faith and improper motive. But there must be more to support legal redress to the extent of the punishment implicit in the assessment of punitive damages.”

   1 later decision quote this exact passage
   e.g. Interfirst Bank Dallas, N.A. v. Risser