Thomas v. E. J. Korvette, Inc.’s Empirical Analysis
476 F.2d 471 · 1973
Citation profile
34 federal appellate · 4 district · 7 state decisions
How this case has been cited
Cited by 110 later decisions — most recently October 2011 · most notably Goodman v. Mead Johnson & Co. (1976), 318 Pa. Super. 90 - Delahanty v. First Pennsylvania Bank, N.A. (1984)
34 federal appellate · 4 district · 7 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 Cohen v. Beneficial Industrial Loan Corp. · Byrd v. Blue Ridge Rural Electric Cooperative, Inc. · Pauling v. McElroy · Rodriguez v. United States · Lind v. Schenley Industries Inc.
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is no principle more firmly imbedded in the law than the principle that in case of malicious prosecution, the question of want of probable cause for the criminal prosecution which gave rise to the civil action, is a question not for the jury but for the court____ It has been immemorially held that the public interest requires that the legally trained mind of the judge and not the more or less emotional minds of jurors, decide whether or not there was probable cause for the initiation of the prosecution. Jurors are likely to confuse the issue of guilt or innocence of the defendant in the criminal case out of which the civil action originated with the basic issue whose determination decides the civil action. The basic issue is the want of probable cause for the criminal prosecution.”
1 later decision quote this exact passage · from the majority“there is conflicting evidence or there is insufficient evidence to make a 'one-way' verdict proper.”
1 later decision quote this exact passage · from the majority“based upon special findings of the jury as to any disputed questions of fact.”
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.