Conley v. Romeri’s Empirical Analysis

Citation profile

5 federal appellate · 8 district · 12 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that the defendant intended to inflict emotional distress, or knew or should have known that emotional distress was the likely result of [the] conduct”

   3 later decisions quote this exact passage
   e.g. 92 Mass. App. Ct. 731 - Shea v. Cameron · 22 Mass. L. Rptr. 314 - Terravecchia v. Fleet Bank

2. “To recover for the tort of negligent infliction of emotional distress, a plaintiff must prove: “(1) negligence; (2) emotional distress; (3) causation; (4) physical harm manifested by objective symp-tomatology; and (5) that a reasonable person would have suffered emotional distress under the circumstances of the case.” Payton v. Abbott Labs, 386 Mass. 540, 557 , 437 N.E.2d 171 (1982). It is fundamental that there must be a showing of a duty of care owed to the plaintiff, because “[tjhere can be no negligence where there is no duty.” McHerron v. Jiminy Peak, Inc., 422 Mass. 678, 681 , 665 N.E.2d 26 (1996), quoting from Aetna Cas. & Sur. Co. v. Fennessey, 37 Mass.App.Ct. 668, 673 , 642 N.E.2d 1050 (1994). “Whether a defendant has a duty of care to the plaintiff in the circumstances is a question of law for the court, to be determined by reference to existing social values and customs and appropriate social policy.” O’Sullivan v. Shaw, 431 Mass. 201, 203 , 726 N.E.2d 951 (2000), and cases cited.”

   1 later decision quote this exact passage
   e.g. Porst v. Deutsche Bank National Trust Co. (In re Porst)

3. “To recover for the tort of negligent infliction of emotional distress, a plaintiff must prove: '(1) negligence; (2) emotional distress; (3) causation; (4) physical harm manifested by objective symptomatology; and (5) that a reasonable person would have suffered emotional distress under the circumstances of the case.' " Conley , supra at 801, 806 N.E.2d 933 , quoting from Payton v. Abbott Labs , 386 Mass. 540 , 557, 437 N.E.2d 171 (1982). "[P]laintiffs must corroborate their mental distress claims with enough objective evidence of harm to convince a judge that their claims”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 731 - Shea v. Cameron