Clemente v. Espinosa’s Empirical Analysis
1990
Citation profile
2 federal appellate · 3 state decisions
How this case has been cited
Cited by 25 later decisions — most recently July 2017 · most notably Beverly Enterprises, Inc. v. Trump (1999), Biondi v. Nassimos (1997)
2 federal appellate · 3 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
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Raphan v. United States · Zerman v. Melton
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the defamatory character of the communication; (2) publication by the defendant; (3) its application to the plaintiff; (4) understanding by the recipient of its defamatory meaning; (5) understanding by the recipient of it as intended to be applied to plaintiff; (6) special harm to the plaintiff; [and] (7) abuse of a conditionally privileged occasion.”
1 later decision quote this exact passage · from the majority“actual and concrete damages capable of being estimated in money, established by specific instances such as actual loss due to withdrawal of trade of particular customers, or actual loss due to refusal of credit by specific persons, all expressed in figures.”
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.