Rite Aid Corp. v. Levy-Gray’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““What differentiates [a] promise implied by law \i.e., an implied warranty,] ... and an express warranty is that the ‘standard of performance is set by the defendants’ promises, rather than imposed by law.’ ” Coca-Cola Bottling Co. of Cape Cod v. Weston & Sampson Engrs., Inc., 45 Mass.App. Ct. 120, 695 N.E.2d 688, 694 (1998) quoting Anthony’s Pier Four, Inc. v. Crandall Dry Dock Engrs., Inc., 396 Mass. 818 , 489 N.E.2d 172, 175 (1986); see also Housing Authority of Portland v. Ash Nat’l, 36 Or.App. 391 , 584 P.2d 776, 778 (1978) (stating that an implied warranty “is a ‘curious hybrid’ between tort and contract law” and differs from express warranties based on contract); Md.Code (1975, 2002 Repl.Vol), § 2-313, official cmt. 1 (“Express warranties rest on ‘dickered’ aspects of the individual bargain, and go so clearly to the essence of that bargain that words of disclaimer in a form are repugnant to the basic dickered terms. ‘Implied’ warranties rest so clearly on a common factual situation or set of conditions that no particular language or action is necessary to evidence them and they will arise in such a situation unless unmistakably negated.”).”

   1 later decision quote this exact passage
   e.g. 176 Md. App. 502 - Collins v. Li

2. “[W]e decline to extend the doctrine to those cases in which the pharmacy is disseminating information concerning the properties and efficacy of a prescription drug. To extend the defense to the facts of the instant case to insulate the pharmacy from the consequences of its affirmative decision to distribute information and instructions contained that provide direction to the patients in a patient package insert is without legal justification. Therefore, we decline to hold as a matter of law that the “learned intermediary” doctrine precludes a pharmacy from being held liable for breach of express warranty when it provides a package insert that could provide the basis for such a warranty.”

   1 later decision quote this exact passage
   e.g. 461 F. Supp. 2d 736 - McNichols v. Johnson & Johnson

3. “Likewise, we believe that while the warranty was technically handed over after plaintiffs paid the purchase price, the fact that it was given to plaintiffs at the time they took delivery of the motor home renders it sufficiently proximate in time so as to fairly be said to be part of the basis of the bargain.”). Defendants analogize a case out of this court, Enpro Systems, Ltd. v. Namasco Corp., 382 F.Supp.2d 874, 887-89 (S.D.Tex.2005).”

   1 later decision quote this exact passage
   e.g. 177 F. Supp. 3d 1025 - Rosa v. American Water Heater Co.