Howe v. Microsoft Corp.’s Empirical Analysis
2003
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently January 2020
15 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 Daubert v. Merrell Dow Pharmaceuticals, Inc. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · Eisen v. Carlisle & Jacquelin · 23 Cal. 4th 429 - Linder v. Thrifty Oil Co. · Kahan v. Rosenstiel
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In most cases some of the thirteen factors [regarding the fair-and-efficient-administration-of-justice test] "will weigh against certification and some will weigh in favor. It is for the trial court, employing its broad discretion, to weigh the competing factors and determine whether a class action will provide a fair and efficient adjudication of the controversy. Thus, even if [defendant] is correct in its assertion four of the factors weigh against certification, that does not preclude the court from certifying the class action if, in its opinion, those factors are outweighed by other factors supporting certification.””
2 later decisions quote this exact passage“1. The class is so numerous or so constituted that joinder of all members, whether or not otherwise required or permitted, is impracticable; 2. There is a question of law or fact common to the class; 3. A class action should be permitted for the fair and efficient adjudication of the controversy; and 4. The representative parties fairly and adequately will protect the interests of the class.”
2 later decisions quote this exact passage“[The class-action rule] continues to have as its objectives the efficient resolution of the claims or liabilities of many individuals in a single action, the elimination of repetitious litigation and possibly inconsistent adjudications involving common questions, related events, or requests for similar relief, and the establishment of an effective procedure for those whose economic position is. such that it is unrealistic to expect them to seek to vindicate their rights in separate lawsuits.”
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.