23 F. Supp. 2d 1315 - Cooperman v. David’s Empirical Analysis
1998
Citation profile
1 federal appellate · 2 district ·
How this case has been cited
Cited by 5 later decisions — most recently March 2018
1 federal appellate · 2 district ·
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 Anderson v. Liberty Lobby, Inc. · Thomas Usc v. Wichita Coca-Cola Bottling Company · Barber v. General Electric Co. · Carey v. United States Postal Service · Clover v. Snowbird Ski Resort
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To base an analysis of inherent risk upon the action of the provider, puts the cart before the horse. Such an analysis amounts to a determination of negligence before the determination of duty. That is not to say that the underlying causes of the risk should be completely ignored in all cases. Whether a slipping saddle was caused by a loose cinch, by an equipment malfunction or by the sabotage of an evil minded third-party may well influence whether the jury considers the risk integral to or characteristic of the activity.”
1 later decision quote this exact passage · from the majority“To say that inherent risks are assumed by the sports participants “as a matter of law” is of little solace to defendants when the question remains: what risks in a sport are inherent, obvious or necessary to its participation, a question that ordinarily must be resolved by the jury.”
1 later decision quote this exact passage · from the majority“reache[d] the ultimate legal conclusion without expressing how the risk is not characteristic of, intrinsic to or an integral part of horseback riding.”
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.