Schaffer v. Edward D. Jones & Co.’s Empirical Analysis

Citation profile

3 district · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[P]unitive damages are not allowed absent an award for compensatory damages.”

   3 later decisions quote this exact passage
   e.g. Risse v. Meeks · Olson-Roti v. Kilcoin

2. “1. Did the trial court err in allowing testimony of an expert witness who admitted having no expertise on limited partnership investments? 2. Did the trial court err in submitting instructions and a verdict form which Jones claimed removed from the jury the issue of whether Jones’ conduct justified a punitive damage award? 3. Did the trial court err in refusing to instruct the jury on the clear and convincing burden of proof standard? 4. Did the trial court abuse its discretion in failing to order vacatur or remittitur of the punitive damages award?”

   1 later decision quote this exact passage
   e.g. Schaffer v. Edward D. Jones & Co.

3. “Net income is an appropriate yardstick for determining punitive damages.... A jury should become familiar with a defendant's financial circumstances before assessing punitive damages.... Therefore, we find [that defendant's] income should have been submitted for the jury's consideration.”

   1 later decision quote this exact passage
   e.g. 700 F. Supp. 2d 1141 - McELGUNN v. CUNA MUT. INS. SOC.