Hanke v. Global Van Lines, Inc.’s Empirical Analysis
533 F.2d 396 · 1976
Citation profile
13 federal appellate · 18 district · 5 state decisions
How this case has been cited
Cited by 47 later decisions — most recently October 2001 · most notably Barclays American/Business Credit, Inc. v. Long (1985), State Mutual Life Assurance Co. of America v. Deer Creek Park (1979)
13 federal appellate · 18 district · 5 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 United States v. Diebold, Inc. · Baltimore & Ohio Railroad v. Boston & Maine Railroad · House v. Swope · Kaufman v. Western Union Telegraph Co. · Williams v. Chick
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is for the court to determine, in the first instance, whether the defendant’s conduct may reasonably be regarded as so extreme and outrageous as to permit recovery, or whether it is necessarily so. Where reasonable men may differ, it is for the jury, subject to the control of the court, to determine whether, in the particular case, the conduct has been sufficiently extreme and outrageous to result in liability.””
2 later decisions quote this exact passage · from the majority“The cases thus far decided have found liability only where the defendant’s conduct has been extreme and outrageous. It has not been enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by “malice,” or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, “Outrageous!””
1 later decision quote this exact passage · from the majority“declaration” by Donald W. Bremer. However, paragraph 2 of Donald W. Bremer's declaration does not satisfy the requirements of Rule 56(e), even assuming the “declaration” qualifies as an affidavit. Rule 56(e) requires that affidavits relating to summary judgment must "set forth such facts as would be admissible evidence.”
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.