Pera v. Kroger Co.’s Empirical Analysis
1984
Citation profile
5 federal appellate · 13 state decisions
How this case has been cited
Cited by 28 later decisions — most recently December 2018 · most notably Norman Redwing v. Catholic Bishop for the Diocese of Memphis (2012), Dean Witter Reynolds, Inc. v. McCoy (1994)
5 federal appellate · 13 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 Bland v. Smith · Brown v. Dunstan · Malvern Brick & Tile Co. v. Hill · Carney v. Smith · 56 Tenn. App. 346 - Peoples Protective Life Insurance Co. v. Neuhoff
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n order that there may be liability ..., the defendant must take an active part in their prosecution after learning that there is no probable cause for believing the accused guilty. It is not enough that he appears as a witness against the accused either under subpoena or voluntarily, and thereby aids in the prosecution of the charges which he knows to be groundless. His share in continuing the prosecution must be active, as by insisting upon or urging further prosecution. The fact that he initiated the proceedings does not make him hable ... merely because he intentionally refrains from informing a public prosecutor, into whose control the prosecution has passed, of subsequently discovered facts that clearly indicate the innocence of the accused, even though they have the effect of convincing him that this is the fact.”
2 later decisions quote this exact passage“The Defendant may be liable either for initiating or for continuing a criminal prosecution without probable cause. But he cannot be held responsible unless he takes some active part in instigating or encouraging the prosecution. He is not liable merely because of his approval or silent acquiescence in the acts of another, nor for appearing as a witness against the aecused, even though his testimony is perjured, since the necessities of a free trial demand that witnesses are not to be deterred by fear of tort suits, and shall be immune from liability. On the other hand, if he advises or assists another person to begin the proceeding, ratifies it when it is begun in his behalf, or takes any active part in directing or aiding the conduct of the case, he will be responsible.”
1 later decision quote this exact passage“the gravamen of an action, rather than its designation as an action for tort or contract, determines the applicable statute of limitations.”
1 later decision quote this exact passage
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.