Kernaghan v. BCI Communications, Inc.’s Empirical Analysis

Citation profile

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

1. “(1) the existence of a contractual, or prospective contractual relation between the complainant and a third party; (2) purposeful action on the part of the defendant, specifically intended to harm the existing relation, or to prevent a prospective relation from occurring; (3) the absence of privilege or justification on the part of the defendant; and (4) the occasioning of actual legal damage as a result of the defendant’s conduct.”

   1 later decision quote this exact passage · from the majority
   e.g. 892 F. Supp. 2d 626 - Corrections U.S.A. v. McNany

2. “With respect to the first element — the existence of a contractual relation between the claimant and a third party-courts around the country have uniformly held that a defendant must be a stranger to the underlying contract with which it allegedly interfered. Put another way, the party must tortiously interfere with a contract under which it has no “beneficial” or “economic” interest.”

   1 later decision quote this exact passage · from the majority
   e.g. Velocity International, Inc. v. Celerity Healthcare Solutions, Inc.

3. “One who intentionally and improperly interferes with the performance of a contract (except a contract to marry) between another and a third party by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the failure of the third person to perform the contract.”

   1 later decision quote this exact passage · from the majority
   e.g. 892 F. Supp. 2d 626 - Corrections U.S.A. v. McNany