Below v. Norton’s Empirical Analysis
2008
Citation profile
20 state decisions
How this case has been cited
Cited by 24 later decisions — most recently May 2025
20 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 34 Cal. 4th 979 - Robinson Helicopter Co., Inc. v. Dana Corp. · 113 Wis. 2d 550 - Hansen v. AH Robins, Inc. · 209 Mich. App. 365 - Huron Tool and Engineering Co. v. Precision Consulting Services, Inc. · 216 Wis. 2d 395 - Daanen & Janssen, Inc. v. Cedarapids, Inc. · Kaloti Enterprises, Inc. v. Kellogg Sales Co.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The [economic loss doctrine] "is a judicially created doctrine that seeks to preserve the distinction between contract and tort." The ELD also seeks to protect " 'parties' freedom to allocate economic risk by contract ....'" Furthermore, the ELD is meant to encourage the purchaser, who is the party best situated to assess the risk of his or her economic loss, to assume, allocate, or insure against that risk. For the purposes of the ELD, we have defined an "economic loss" as being " 'damages resulting from inadequate value because the product is inferior and does not work for the general purposes for which it was . .. sold.'"”
1 later decision quote this exact passagee.g. Shister v. Patel“'parties' freedom to allocate economic risk by contract ....'”
1 later decision quote this exact passagee.g. Shister v. Patel
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.