108 Wis. 2d 205 - Merten v. Nathan’s Empirical Analysis
1982
Citation profile
8 federal appellate · 71 state decisions
How this case has been cited
Cited by 94 later decisions — most recently March 2024 · most notably 113 Wis. 2d 561 - Brockmeyer v. Dun & Bradstreet (1983), 173 Wis. 2d 30 - Grube v. Daun (1992)
8 federal appellate · 71 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 Baltimore & Ohio Southwestern Railway Co. v. Voigt · Sun Oil Co. v. Dalzell Towing Co. · Lombard v. State of Louisiana · 43 Wis. 2d 166 - Whipp v. Iverson · 97 Wis. 2d 207 - First National Bank & Trust Co. of Racine v. Notte
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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) A term exempting a party from tort liability for harm caused intentionally or recklessly is unenforceable on grounds of public policy. (2) A term exempting a party from tort liability for harm caused negligently is unenforceable on grounds of public policy if (a) the term exempts an employer from liability to an employee for injury in the course of his employment; (b) the term exempts one charged with a duty of public service from liability to one to whom that duty is owed for compensation for breach of that duty, or (c) the other party is similarly a member of a class protected against the class to which the first party belongs. (3) A term exempting a seller of a product from his special tort liability for physical harm to a user or consumer is unenforceable on grounds of public policy unless the term is fairly bargained for and is consistent with the policy underlying that liability.”
6 later decisions quote this exact passage“individuals should have the power to govern their own affairs without governmental interference.”
6 later decisions quote this exact passage“contrary to public policy to enforce an exculpatory contract when the bargaining process involves a mistake or deception which is relevant to a reasonable person's decision to execute a release allocating losses.”
4 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.