Jacobs v. McIlvain’s Empirical Analysis

Citation profile

5 state decisions

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• “The broadcast stated that an investigation into the use of city employees for private work was underway. The affidavits of assistant city attorney Brenda Loudermilk and city legal department investigator V.H. Shultea, Jr. confirm the existence of the investigation.” Id. • “The broadcast further stated that employees of the city water maintenance division allege four employees were used on city time to care for the elderly father of Emerick Jacobs. According to the City of Houston’s legal department report, employees of the water maintenance division had gone on separate occasions with Joyce Moore to St. Joseph’s Hospital or to the home of Jacob’s father and sat with him while he was ill. Sworn statements by a division employee indicate that on three occasions, Moore and other water division employees would visit Jacob’s father in the hospital during work hours, staying there for a half day or longer. While on these visits, the employees were paid their regular city wages.” Id. • “According to the broadcast, these employees put in overtime so they could get their jobs done. The PIRG investigation found from the payroll division office records that on several occasions, when these employees were absent from the office for as long as four hours caring for the elder Mr. Jacobs, they requested and received overtime.” Id. • “The broadcast further stated that police investigators were looking for a gun at the water facility but instead found liquor bottles and that one city emplo”

   2 later decisions quote this exact passage
   e.g. McIlvain v. Jacobs · Neely v. Wilson

2. “The summary judgment evidence certainly does not show that the underlying charges were true as a matter of law. Appellees stand by their story, maintaining that the essence of the broadcast was that charges had been made. In other words, journalists should be able to report the very fact of governmental self-scrutiny. And presumably under this umbrella they can publish potentially defamatory statements as a matter of law. We disagree. Merely alleging that an investigation was in progress does not entitle a journalist to publish freestanding allegations which are, as a matter of law, legally immune from examination under the law of libel.”

   1 later decision quote this exact passage
   e.g. Neely v. Wilson