433 So. 2d 613 - Harris v. Berkowitz’s Empirical Analysis
1983
Citation profile
3 federal appellate · 11 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2021
3 federal appellate · 11 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 389 So. 2d 999 - Bishop v. Florida Specialty Paint Co. · 399 F. Supp. 1106 - In Re Air Crash Disaster at Boston, Massachusetts on July 31, 1973 · 406 So. 2d 1109 - State Farm Mut. Auto. Ins. Co. v. Olsen · Fabricius v. Horgen · Guillory 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 169. Intra-Family Immunity (1) The law selected by application of the rule of § 145 determines whether one member of a family is immune from tort liability to another member of the family. (2) The applicable law will usually be the local law of the state of the parties' domicil. Comment: ... . b. Rationale. An immunity from tort liability is commonly possessed in varying circumstances by one spouse against the other spouse and by a parent against a minor child. Reasons frequently advanced to explain the existence of such immunity are the common law doctrine of the legal identity of the spouses, the desire to foster and preserve marital harmony and parental discipline, and the desire to protect insurance companies from false claims. Whatever the true explanation, the state of the parties' domicil will almost always be the state of dominant interest, and, if so, its local law should be applied to determine whether there is immunity in the particular case. One possible situation where the state of the parties' domicil would not be that of dominant interest is where the parties' relationship to the state of their domicil is considerably less close than is their relationship to some other state.”
2 later decisions quote this exact passage““Section 6 Choice of Law Principles. (2) ... The factors relevant to the choice of the applicable rule of law include: (a) the needs of the Interstate and International Systems, (b) the relevant policies of the forum, (c) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue, (d) the protection of justified exceptions, (e) the basic policies underlying the particular field of law, (f) certainty, predictability and uniformity of result, and (g) ease in the determination and application of the law to be applied.””
2 later decisions quote this exact passage““Situations do arise ... where the place of injury will not play an important role of the selection of the state of the applicable law. This will be so, for example, when the place of injury can be said to be fortuitous or when for other reasons it bears little relation to the occurrence and the parties with respect to the particular issue____””
2 later decisions 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.