Wallace v. Rosen’s Empirical Analysis

Citation profile

15 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “implies the conscious doing of a wrong because of dishonest purpose or moral obliquity.”

   3 later decisions quote this exact passage
   e.g. Harness v. Schmitt · Gabriel v. Windsor, Inc.

2. “and presupposes a duty and breach thereof, but serves as an affirmative defense to prevent recovery by the plaintiff. By contrast, incurred risk demands a subjective analysis with inquiry into the particular actor's knowledge, is concerned with the voluntariness of a risk, and is blind as to reasonableness of risk acceptance. Incurred risk also involves a mental state of”

   1 later decision quote this exact passage
   e.g. Carter v. Indianapolis Power & Light Co.

3. “is present when a party flagrantly disregards the form and content requirements of the Rules of Appellate Procedure, omits and misstates relevant facts appearing in the record, and files briefs appearing to have been written in a manner calculated to require the maximum expenditure of time both by the opposing party and the reviewing court.”

   1 later decision quote this exact passage
   e.g. Gabriel v. Windsor, Inc.