Topic: malicious' means in conscious disregard of one's duties or … · Go Syfert
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Topic #14471

4 canonical passages across 4 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from James P. Wheeler and Sheila N. Wheeler v. A. David Laudani.

#Case FlagCanonical passage Citers
1 James P. Wheeler and Sheila N. Wheeler v. A. David Laudani Anchor
ca6 · 1986
green “malicious' means in conscious disregard of one's duties or without just cause or excuse; it does not require ill-will or specific intent.” 10
2 Monsanto Co. v. Trantham (In Re Trantham)
bap6 · 2004
green “(i) the actor desired to cause the consequences of the act or (ii) the actor believed that the given consequences of his act were substantially certain to result from the act.” 10
3 Steier v. Best
ca6 · 2004
green “willful and malicious standard is a stringent one....” 4
4 Sandra S. Smith v. Ted W. Sushka
ca6 · 1997
green “collateral estoppel ... prevents a party from relitigating issues of fact or law which were necessarily decided by a previous final judgment.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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