O'Hare v. Merck & Co.’s Empirical Analysis
381 F.2d 286 · 1967
Citation profile
14 federal appellate · 7 district · 6 state decisions
How this case has been cited
Cited by 28 later decisions — most recently October 2018 · most notably 35 Cal. 3d 691 - Finn v. G. D. Searle & Co. (1984), Karjala v. Johns-Manville Products Corp. (1975)
14 federal appellate · 7 district · 6 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 Cone v. West Virginia Pulp & Paper Co. · Dick v. New York Life Insurance · Neely v. Martin K. Eby Construction Co., Inc. · Knapp v. United States · Smith v. United States
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“duty to exercise ordinary and reasonable care not to expose the potential consumer to an unreasonable risk of harm from the use of its products.”
2 later decisions quote this exact passage · from the majority“[A] manufacturer’s duty to additionally test and investigate the propensities of its product is dependent upon the foreseeable risk of harm to potential users in light of current scientific or medical knowledge and discoveries.... Liability will not attend those injurious consequences resulting from the use of a product, the harmful effects of which ‘no developed human skill or foresight can afford knowledge.’ The manufacturer’s duty to warn users of the potential danger inherent in its product is commensurate with its actual knowledge of the risk involved to those users or the knowledge constructively imparted to it by available scientific or other medical data.”
1 later decision quote this exact passage · from the majority“Products Liability-The Ethical Drug Manufacturer's Liability,”
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.