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← 181 F.3d 1250 - Jennings v. BIC Corp.

Jennings v. BIC Corp.’s Empirical Analysis

181 F.3d 1250 · 1999

Citation profile

62
cited by 62 later decisions
3
states following
July 2023
most recently cited

16 federal appellate · 3 state decisions

How this case has been cited

Cited by 62 later decisions — most recently July 2023 · most notably Maiz v. Virani (2001), United States v. Smith (2000)

16 federal appellate · 3 state decisions

4001999200020102020decided

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 Erie Co v. Tompkins · Foman v. Davis · Bonner v. City of Prichard · General Electric Co. v. Joiner · 593 So. 2d 500 - McCain v. Florida Power Corporation

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

  1. “In the absence of any apparent or declared reason — such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. — the leave sought, as the rules require, be “freely given.” Id.”
    2 later decisions quote this exact passage · from the dissent
  2. “Florida, like other jurisdictions, recognizes that a legal duty will arise whenever a human endeavor creates a generalized and foreseeable risk of harming others. As we have stated, “Where a defendant’s conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses.” Kaisner [v. Kolb], 543 So.2d [732,] 735 (Fla.1989) (citing Stevens v. Jefferson, 436 So.2d 33, 35 (Fla.1983))..., Thus, as the risk grows greater, so does the duty, because the risk to be perceived defines the duty that must be undertaken. J.G. Christopher Co. v. Russell, 63 Fla. 191 , 58 So. 45 (1912).”
    1 later decision quote this exact passage · from the dissent
  3. “So long as the instructions accurately reflect the law, the trial judge is given wide discretion as to the style and wording employed in the instructions. On appeal, we examine whether the jury charges, considered as a whole, sufficiently instructed the jury so that the jurors understood the issues and were not misled. However, if no objection to the instructions was raised at trial, we only review for plain error.”
    1 later decision 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.