Lynch v. Scheininger’s Empirical Analysis

Citation profile

4 federal appellate · 6 district · 21 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A superseding cause relieves the actor from liability, irrespective of whether his antecedent negligence was or was not a substantial factor in bringing about the harm. Therefore, if in looking back from the harm and tracing the sequence of events by which it was produced, it is found that a superseding cause has operated, there is no need of determining whether the actor's antecedent conduct was or was not a substantial factor in bringing about the harm.”

   2 later decisions quote this exact passage · from the majority
   e.g. 762 F. Supp. 2d 736 - Flint v. LANGER TRANSPORT CORP. · 762 F. Supp. 2d 735 - Flint v. Langer Transport Corp.

2. “our proximate cause jurisprudence is sufficiently flexible to bar claims for injuries that are unreasonably remote”

   2 later decisions quote this exact passage · from the dissent
   e.g. E.R. Squibb & Sons, Inc., Plaintiff-Appellee-Cross-Appellant v. Lloyd's & Companies Accident and Casualty Insurance Co. Of Winterthur the Aetna Casualty and Surety Co. American Motorists Insurance Company Andrew Weir Insurance Co., Ltd. Argonaut-Northwest Insurance Co. Bermuda Fire & Marine Insurance Co. Ltd. British National Insurance Company California Union Insurance Company Centennial Insurance Co. Columbia Casualty Employers Insurance of Wausau English & American Insurance Company Ltd. Fireman's Fund Insurance Company Great American Insurance Company Highlands Insurance Company Home Insurance Company Insurance Company of North America Liberty Mutual Insurance London & Overseas Insurance Co., Ltd. Lumbermans Mutual Casualty Co. Midland Insurance Co., Mission Insurance Company Mutual Reinsurance Company Ltd. National American Insurance Company of New York Orion Insurance Co. Ltd. St. Paul Fire & Marine Insurance Company Southern American Insurance Co. Sovereign Marine and General Insurance Company, Ltd. Transit Casualty Insurance Company United Standard Insurance Co. Ltd. Walbrook Insurance Company Ltd. Hanover Insurance Company Utica Mutual Insurance Company Alba General Insurance Co., Ltd. Anglo-French Insurance Co., Ltd. Anglo Saxon Insurance Co. Ltd. Aviation & General Insurance Co. Bishopsgate Insurance Co. Ltd. British Aviation Insurance Co. Ltd. City General Insurance Co. Cornhill Insurance Company Limited Delta Lloyd Non-Life Insurance Co., Ltd. Dominion Insurance Co. Limited Drake Insurance Co. Ltd. Eagle Star Insurance Co., Ltd Edinburgh Assurance Co., Ltd. Excess Insurance Co., Ltd. Fidelidade Insurance Co. Of Lisbon Helvetia Accident Swiss Insurance Co. Hull Underwriters Association Ltd. Lombard Insurance Co., Ltd. London & Edinburgh Insurance Company, Ltd. London & Edinburgh General Insurance Co., Ltd. Minster Insurance Co. Ltd. Motor Union Insurance Co. Ltd. National Casualty Company National Casualty Co. Of America Ltd. New India Assurance Company Ltd. New London Reinsurance Co. Ltd. River Thames Insurance Company Limited Royal Scot Insurance St. Katherine Insurance Co. Ltd. Scottish Lion Insurance Co. Ltd. Southern Insurance Co. Ltd. Sphere Insurance Co. Ltd. Stronghold Insurance Company, Ltd. Swiss National Insurance Co. Swiss Union General Insurance Company, Ltd. The Threadneedle Insurance Co. Ltd. Trent Insurance Co. Ltd. Turegum Insurance Company Unionamerica Insurance Co. Ltd. Vanguard Insurance Co. Ltd. "Winterthur" Swiss Insurance Co. World Auxiliary Insurance Corporation Ltd. World Marine Insurance Corporation Ltd. Yasuda Fire & Marine Insurance Co. (u.k.) Ltd. Accident and Casualty Insurance Co. Stephen Merrett and Allan Peter Denis Haycock Individually or Through Their Heirs, Executors or Administrators, on Behalf of Themselves and All Other Similar Situated Underwriters, Certain Underwriters at Lloyd's London Northbrook Excess & Surplus Insurance Continental Casualty Company American Home Assurance Company Insurance Company of the State of Pennsylvania, Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees · Er

3. “[The doctrine of avoidable consequences] has its roots in the law of damages.... The doctrine proceeds on the theory that a plaintiff who has suffered an injury as the proximate result of a tort cannot recover for any portion of the harm that by the exercise of ordinary care he could have avoided.... It has a simple thesis of public policy: [I]t is not true that the injured person has a duty to act, nor that the conduct of the tortfeasor ceases to be a legal cause of the ultimate harm; but recovery for the harm is denied because it is in part the result of the injured person's lack of care, and public policy requires that persons should be discouraged from wasting their resources, both physical or economic. [ Restatement (Second) of Torts § 918 at 500, comment a.] Avoidable consequences, then, normally comes into action when the injured party's carelessness occurs after the defendant's legal wrong has been committed. [ Ostrowski, supra, 111 N.J. at 437-38, 545 A. 2d 148 .]”

   1 later decision quote this exact passage · from the dissent
   e.g. 358 N.J. Super. 437 - Geler v. Akawie