Hininger v. Case Corp.’s Empirical Analysis
23 F.3d 124 · 1994
Citation profile
6 federal appellate · 8 state decisions
How this case has been cited
Cited by 30 later decisions — most recently April 2020 · most notably 129 N.C. App. 389 - Moore v. Coachmen Industries, Inc. (1998), Hou-Tex, Inc. v. Landmark Graphics (2000)
6 federal appellate · 8 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 East River Steamship Corp. v. Transamerica Delaval Inc. · In re Disbarment of Sacco · Kokkonen v. Democratic National Committee Chairman · Southwestern Bell Telephone Co. v. DeLanney · Spring Motors Distributors, Inc. v. Ford Motor 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Direct economic loss may be said to encompass damage based on insufficient product value; thus, direct economic loss may be “out of pocket” — the difference in value between what is given and received — or “loss of bargain” — the difference between the value of what is received and its value as represented. Direct economic loss also may be measured by costs of replacement and repair. Consequential economic loss includes all indirect loss, such as loss of profits resulting from inability to make use of the defective product.”
2 later decisions quote this exact passage · from the concurrence“Implicit in the [economic loss rule] is the policy judgment that in a commercial context the possibility of an inadequate recovery ... does not justify permitting a tort recovery that will allow a purchaser to reach back up the production and distribution chain, thereby disrupting the risk allocations that have been worked out in the transactions comprising that chain.”
1 later decision quote this exact passage · from the majority“The buyer ordinarily has no interest in how or where the manufacturer obtains individual components. The buyer is usually interested in the quality of the finished product and is content to let the manufacturer decide whether to do all the work or delegate part of it to others.”
1 later decision 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.