Call v. Heard’s Empirical Analysis
1996
Citation profile
14 federal appellate · 59 state decisions
How this case has been cited
Cited by 76 later decisions — most recently October 2017 · most notably Kimzey v. Wal-Mart Stores Inc (1997), Equal Employment Opportunity Commission v. HBE Corp. (1998)
14 federal appellate · 59 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 Bounds v. Smith · BMW of North America, Inc. v. Gore · Pacific Mutual Life Insurance v. Haslip · TXO Production Corp. v. Alliance Resources Corp. · Mississippi v. Turner
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the degree of malice or outrageousness of the defendant’s conduct, which has been deemed a critical factor; (2) aggravating and mitigating circumstances; (3) the defendant’s financial status, as an indication of the amount of damages necessary to punish the defendant; (4) the character of both parties; (5) the injury suffered; (6) the defendant’s standing or intelligence; (7) the age of the injured party; and (8) the relationship between the two parties.”
3 later decisions quote this exact passage“the degree of malice or outrageousness of the defendant's conduct, aggravating and mitigating circumstances, the defendant's financial status, the character of both parties, the injury suffered, the defendant's standing or intelligence, and the relationship between the two parties.”
3 later decisions quote this exact passage“An abuse of discretion is established when the punitive damages award is so disproportionate to the factors relevant to the size of the award that it reveals 'improper motives or a clear absence of the honest exercise of judgment.'”
3 later decisions 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.