Red Flame, Inc. v. Martinez’s Empirical Analysis
2000
Citation profile
2 federal appellate · 9 state decisions
How this case has been cited
Cited by 12 later decisions — most recently March 2020
2 federal appellate · 9 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 Brinkerhoff v. Forsyth · Mulherin v. Ingersoll-Rand Co. · Mascaro v. Davis · Reeves v. Gentile · 54 Ill. 2d 127 - Wessel v. Carmi Elks Home, Inc.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. Is there, or should there be, a third-party common law cause of action against commercial vendors who provide alcohol? See Adkins, ¶¶ 13-18; Mackay , ¶¶ 7-13. 2. Is there, or should there be, a third-party common law cause of action against social hosts who provide alcohol? See Maj. Op., ¶ 8. 3. Provided there is a third-party common law cause of action against either commercial vendors or social hosts, does the Dramshop Act preempt such causes of action? See Maj. Op., ¶¶ 5-13. 4. Do the comparative fault principles of the Liability Reform Act, Utah Code Ann. §§ 78-27-37 to -43 (1996 & Supp. 1999), apply to causes of action brought under the Dramshop Act? See Red Flame, ¶ 9.”
1 later decision quote this exact passage · from the dissente.g. Gilger v. Hernandez“any actionable breach of legal duty, act, or omission proximately causing or contributing to injury or damages sustained by a person seeking recovery, including negligence in all its degrees, comparative negligence, assumption of risk, strict liability, breach of express or implied warranty of a product, products liability, and misuse, modification, or abuse of a product.”
1 later decision quote this exact passage“'evolved to avoid the delays and difficulties that arise when one judge is presented with an issue identical to one which has already been passed upon by a coordinate judge in the same case.”
1 later decision quote this exact passagee.g. Waters v. Jorgenson
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.