Swigert v. Welk’s Empirical Analysis
1957
Citation profile
12 federal appellate · 4 district · 87 state decisions
How this case has been cited
Cited by 108 later decisions — most recently May 2019 · most notably Griffin v. United States (1974), Lockshin v. Semsker (2010)
12 federal appellate · 4 district · 87 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 Davis v. Miller · Daugherty v. Hershberger · Western Maryland Dairy Corp. v. Brown · Maryland Lumber Co. v. White · Koller v. Pennsylvania R. R. 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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides, but it reduces the claim against the other tort-feasors in the amount of the consideration paid for the release or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.”
8 later decisions quote this exact passage · from the majority“two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.”
5 later decisions quote this exact passage · from the majority““§ 6302. Right of contribution; accrual ; pro rata share “(a) The right of contribution exists among joint tortfeasors. “(b) A joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof. “(c) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement. “(d) When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in determining their pro rata shares.” “§ 6304. Release of one joint tort-feasor “(a) A release by the injured 'person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides ; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid. “(b) A release by the injured person of one joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a”
4 later decisions quote this exact passage · from the majority
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.