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← 2010 Pa. Super. 137 - Lance v. Wyeth

2010 Pa. Super. 137 - Lance v. Wyeth’s Empirical Analysis

2010

Citation profile

18
cited by 18 later decisions
1
states following
September 2021
most recently cited

7 state decisions

Relationships

Applies 21 U.S.C. § 355 (Federal Food, Drug, and Cosmetic Act)

Relies on Webb v. Zern · Phillips v. A-Best Products Co. · Feldman v. Lederle Laboratories · Incollingo v. EWING · Wooderson v. Ortho Pharmaceutical Corp.

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

  1. “design defect claim sounding in products liability”
    2 later decisions quote this exact passage
  2. “[ajlthough [Appellee] labels her claim as 'negligent and unreasonable marketing,' her proposed cause of action duplicates a design defect claim, seeking to impose strict liability on Wyeth because Redux was unreasonably dangerous”). To the contrary, however, strict liability is merely a subset of products liability law. But see David G. Owen, M. Stuart Madden & Mary J. Davis, Owens Hornbook on Products Liability § 5.9 (3d ed. 2013) (explaining that strict liability, negligence, and warranty theory are each”
    1 later decision quote this exact passage
  3. “[A manufacturer’s] duty is a continuous one, requiring the manufacturer to keep abreast of the current state of knowledge of its products as gained through research, adverse reaction reports, scientific literature, and other available methods.”) (citations and quotations omitted); Baker v. St. Agnes Hosp., 70 A.D.2d 400, 406 , 421 N.Y.S.2d 81 (N.Y.App.Div.1979) (manufacturer has a duty to”
    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.