Thom v. Bristol-Myers Squibb Co.’s Empirical Analysis

Citation profile

10 federal appellate · 120 district · 9 state decisions

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 174 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An issue is 'genuine' if there is sufficient evidence on each side so that a rational trier of fact could resolve the issue either way. An issue of fact is 'material' if under the substantive law it is essential to the proper disposition of the claim.”

   3 later decisions quote this exact passage · from the majority
   e.g. Miller v. Cincinnati Ins. Co. · Miller v. Cincinnati Ins. Co.

2. “[t]he vast majority of jurisdictions hold that where a warning is inadequate, the plaintiff is entitled to a rebuttable presumption that an adequate warning would have been heeded if one had been given.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Theresa Huck v. Wyeth, Inc. D/B/A Wyeth Schwarz Pharma, Inc. and Pliva, Inc. · In Re Prempro Products Liability Litigation

3. “1. The warning must adequately indicate the scope of the danger 2. The warning must reasonably communicate the extent or seriousness of the harm that could result from misuse of the drug; 3. The physical aspects of the warning must be adequate to alert a reasonably prudent person to the danger; 4. A simple directive warning may be inadequate when it fails to indicate the consequences that might result from the failure to follow it; and 5. The means to convey the warning must be adequate.”

   1 later decision quote this exact passage · from the dissent
   e.g. 328 F. Supp. 2d 791 - In Re Meridia Products Liability Litigation