Damon v. Moore’s Empirical Analysis

Citation profile

1 federal appellate · 9 district ·

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “must be viewed in its totality in the context in which it was uttered or published and considering all the words used, not merely a particular phrase or sentence.... In making this determination, we must view [plaintiffs] interpretation of the communication reasonably, •and can only rule that it is defamatory if it could lead a reasonable viewer to conclude that it conveyed a defamatory meaning.... The words are to be read in their natural sense with the meaning which they would convey to mankind in general.”

   1 later decision quote this exact passage · from the majority
   e.g. 859 F. Supp. 2d 206 - Greenspan v. Random House, Inc.

2. “(1) that “[t]he defendant made a statement, concerning the plaintiff, to a third party”; (2) that the statement was defamatory such that it “could damage the plaintiffs reputation in the community”; (3) that “[t]he defendant was at fault in making the statement”; and (4) that “[t]he statement either caused the plaintiff economic loss ... or is actionable without proof of economic loss.””

   1 later decision quote this exact passage · from the majority
   e.g. 40 F. Supp. 3d 198 - Piccone v. Bartels

3. “does not depend upon the nuances of Twombly's effect on the dismissal standard”

   1 later decision quote this exact passage · from the majority
   e.g. 581 F. Supp. 2d 152 - Biolitec, Inc. v. Angiodynamics, Inc.