Shay v. Walters’s Empirical Analysis
702 F.3d 76 · 2012
Citation profile
10 federal appellate · 19 district · 2 state decisions
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Erie Co v. Tompkins · Gertz v. Robert Welch, Inc. · Hustler Magazine, Inc. v. Falwell
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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.””
4 later decisions quote this exact passage · from the majority“a failed defamation claim cannot be recycled as a tort claim for negligent or intentional infliction of emotional distress.”
3 later decisions quote this exact passage · from the majority“but it must 'contain sufficient factual matter ... to state a claim to relief that is plausible on its face,'”
2 later decisions 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.