J. C. Penney Co. v. Malouf Co.’s Empirical Analysis
1973
Citation profile
11 federal appellate · 22 state decisions
How this case has been cited
Cited by 47 later decisions — most recently March 2008 · most notably 138 Ga. App. 399 - Shellenberger v. Tanner (1976), Gold Kist Inc. v. Baskin-Robbins Ice Cream Co. (1980)
11 federal appellate · 22 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 Bauer International Corp. v. Cagles, Inc. · Southern Railway Co. v. Insurance Co. of North America · 125 Ga. App. 832 - J. C. Penney Co. v. Malouf 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We conclude that the manufacture and shipment of merchandise by Malouf for delivery to Penney in Georgia placed the merchandise in the stream of commerce for resale at retail to Georgia citizens; and placing the merchandise in that stream pursuant to the warranty-indemnity contract previously referred to amounted to ‘transacting any business’ in Georgia by Malouf under subsection (a) of our Long Arm Statute.””
2 later decisions quote this exact passage · from the majority““We held that by manufacturing merchandise and placing it in the stream of commerce in Georgia, Malouf was doing business in Georgia. In connection with that doing business in Georgia, Malouf entered into a contract with Penney agreeing to hold Penney harmless for any and all expenses and damages arising or resulting from any ‘alleged defect’ in its merchandise. Penney was sued in Fulton County for an ‘alleged defect’ in the merchandise. The ‘act’ causing expenses and damages to Penney occurred when the suit was brought in Fulton County. The bringing of the suit in 1968 in Fulton County against Penney activated the obligations of Malouf to Penney contained in the contract of indemnity.” Penney, supra, at 149.”
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.