Hamaker v. Ivy’s Empirical Analysis
51 F.3d 108 · 1995
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 16 later decisions — most recently February 2013
9 federal appellate ·
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 Daniel v. Security Pacific National Bank · MBM Co., Inc. v. Counce · Tandy Corp. v. Bone · Smith v. American Greetings Corp. · Givens v. Hixson
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Factors that bear on the determination of whether conduct is extreme and outrageous include: the conduct at issue; the period of time over which the conduct took place; the relation between plaintiff and defendant, (citation omitted), and defendant’s knowledge that plaintiff is peculiarly susceptible to emotional distress by reason of some physical or mental peculiarity (citation omitted). The conduct of Abies and her cohorts does not reach Arkansas’s exacting standard for extreme and outrageous conduct: It consisted of a rather nasty, but not terribly unusual or shocking, practical joke that cannot be described by any reasonable person as going “beyond all bounds of decency.” The period of time over which the conduct directly caused distress was brief: Hamaker discovered that the warrant was false within one-half hour, (citations omitted).”
1 later decision quote this exact passage · from the majority“The Arkansas courts take a very narrow view of claims for the tort of outrage, (citation omitted). The courts have crafted a four-part test for a prima facie case of outrage: (1) the actor intended to inflict emotional distress or knew or should have known that emotional distress was the likely result of his conduct; (2) the conduct was extreme and outrageous; (3) the actions of the defendant were the cause of the plaintiffs distress; and (4) the emotional distress sustained by the plaintiff was so severe that no reasonable person could be expected to endure it. (citation 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.