Moffatt v. Brown’s Empirical Analysis
1988
Citation profile
2 federal appellate · 24 state decisions
How this case has been cited
Cited by 26 later decisions — most recently July 2022 · most notably Casso v. Brand (1989), George v. Fabri (2001)
2 federal appellate · 24 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 Anderson v. Liberty Lobby, Inc. · New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · St. Amant v. Thompson · Curtis Publishing Co. v. Butts
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The defendant’s testimony that he published the statement in good faith should be sufficient to counter a claim of actual malice when (1) the plaintiff has failed to present conflicting evidence, and (2) the circumstances do not indicate that the statement was “fabricated by the defendant, ... the product of his imagination, ... based wholly on an unverified anonymous telephone call ... [or] so inherently improbable that only a reckless man would have put them in circulation.””
2 later decisions quote this exact passage“`[T]he clear-and-convincing test inevitably implicates a weighing of the evidence, an exercise that intrudes into the province of the jury.'”
2 later decisions quote this exact passage“the appropriate summary judgment question will be whether the evidence in the record could support a reasonable jury finding either that the plaintiff has shown ' actual malice by clear and convincing evidence or that the plaintiff has not.”
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.