Berry v. Branner’s Empirical Analysis
1966
Citation profile
13 federal appellate · 11 district · 94 state decisions
How this case has been cited
Cited by 122 later decisions — most recently February 2019 · most notably Catz v. Rubenstein (1986), McKenna v. Ortho Pharmaceutical Corp. (1980)
13 federal appellate · 11 district · 94 state decisions — followed in 25 states
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.
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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“You had a remedy, but before the wrong was ascertainable to you, the law stripped you of your remedy,”
8 later decisions quote this exact passage“The objective of a statutory limitation on the time within which an action may be brought is, in malpractice cases, the protection of medical practitioners from the assertion of stale claims. We do not believe the legislature intended to limit patients asserting malpractice claims, who by the very nature of the treatment had no way of immediately ascertaining their injury, to the same overall period of time that is allowed for bringing other tort actions that are normally immediately ascertainable upon commission of the wrong. The protection of the medical profession from stale claims does not require such a harsh rule. The mischief the statute was intended to remedy was delay in the assertion of a legal right by one who had slumbered for the statutory period during which process was within his reach.”
5 later decisions quote this exact passage“after the cause of action shall have accrued.”
5 later decisions 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.