Ellison v. An-Son Corp.’s Empirical Analysis
1987
Citation profile
7 federal appellate · 2 state decisions
How this case has been cited
Cited by 11 later decisions — most recently March 2010
7 federal appellate · 2 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 25 U.S.C. § 396
Relies on Flanders v. Crane Co. · Mac Adjustment, Inc. v. Property Loss Research Bureau · Young v. First State Bank, Watonga · Bailey v. Banister · First State Bank v. Denton
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The right to recover for the unlawful interference with the performance of a contract presupposes the existence of a valid enforceable contract.”
2 later decisions quote this exact passage““The essential elements of an action for abuse of process are: (1) issuance of process, (2) an ulterior purpose, and (3) a wilful act in the use of process not proper in the regular conduct of the proceeding. Prosser, Handbook of the Law of Torts, § 121 (4th Ed.1971). The third element is explained as: [s]ome definite act or threat not authorized by the process, or aimed at an objective not legitimate in the use of the process, ...; and there is no liability where the defendant has done nothing more than carry out the process to its authorized conclusion, even though with bad intentions. The improper purpose usually takes the form of coersion [sic] to obtain a collateral advantage, not properly involved in the proceeding itself....””
1 later decision quote this exact passagee.g. Gore v. Taylor“1. That he or she had a business or a contractual right that was interfered with. 2. That the interference was malicious and wrongful, and that such interference was neither justified, privileged nor excusable. 3. That damage was proximately sustained as a result of the complained of interference. (Emphasis added)”
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.