Bender v. Peay’s Empirical Analysis
1982
Citation profile
2 federal appellate · 10 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2004
2 federal appellate · 10 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 Sisemore v. Neal · Sue Yee Lee Ex Rel. Kwei Hwang Lee v. Lafayette Home Hospital, Inc. · 114 Ind. App. 419 - Scoopmire v. Taflinger · Clouse v. Fielder · 125 Ind. App. 487 - Stainbrook v. JOHNSON CTY. F. BUR., ETC.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... [A] cause of action for loss of consortium derives its viability from the validity of the claim of the injured spouse against the wrongdoer. Where, for example, the claim of the injured spouse against the alleged tort-feasor has been abrogated by statute, the right of the other spouse to recover for loss of consortium cannot exist."”
2 later decisions quote this exact passage“is to promote form over substance. Common sense and logic demand a holding which precludes one from pursuing a claim which is totally derivative when the claim from which it is derived has been fully [and fairly] litigated, adjudicated, and denied. Bender v. Peay, 433 N.E.2d 788, 791 (Ind. App. 1982) (emphasis added). [4] One commentator explains that requiring joinder is”
1 later decision quote this exact passage“[Rosander] is clearly distinguishable in that no adjudication of liability or non-liability had been made by a competent tribunal. Here, Mrs. Peay's injury claim was fully litigated resulting in an adverse verdict.”
1 later decision 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.