Mertens v. Flying Tiger Line, Inc.’s Empirical Analysis
341 F.2d 851 · 1965
Citation profile
39 federal appellate · 7 district · 13 state decisions
How this case has been cited
Cited by 93 later decisions (1 by the Supreme Court) — most recently June 2001 · most notably Chan v. Korean Air Lines, Ltd. (1989), Trivelloni-Lorenzi v. Pan American World Airways, Inc. (1987)
39 federal appellate · 7 district · 13 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
Applies 28 U.S.C. § 1292 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1391 · 28 U.S.C. § 1404
Relies on Klaxon Co. v. Stentor Electric Manufacturing Co. · Babcock v. Jackson · Sweet v. United States · Tilton v. Missouri Pacific Railroad · Songy v. Godchaux Sugars, Inc.
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination.”
5 later decisions quote this exact passage · from the majority“(1) The carrier shall not be entitled to avail himself of the provisions of this convention which exclude or limit his liability, if the damage is caused by his wilful misconduct ....”
4 later decisions quote this exact passage · from the majority“* * * delivered to the passenger in such a manner as to afford him a reasonable opportunity to take measures to protect himself against the limitations of liability * * *”
3 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.