New Amsterdam Casualty Co. v. Holmes’s Empirical Analysis
435 F.2d 1232 · 1970
Citation profile
3 federal appellate · 9 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 2012
3 federal appellate · 9 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 Zarrella v. Miller · Newport Air Park, Inc. v. United States · Maryland Cas. Co. v. Employers Mut. Liability Ins. Co. of Wis. · 305 F. Supp. 1017 - New Amsterdam Casualty Company v. Homans-Kohler, Inc.
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.
““This does not mean that no consequence attaches to the insurance. There is a very substantial consequence. As a corollary to the district court’s holding that plaintiff cannot recover from appellees because it had insured against their negligence, appellees, in turn, will be able to obtain from plaintiff reimbursement for any loss incurred by having to contribute to appellants — instead of paying direct to Gilbane— by virtue of the statute. To avoid circuity of action, we hold that plaintiff cannot now recover against appellants to the extent that appellants could, in turn, compel contribution from appellees, (citation omitted) Applying such reasoning, we can approve the district court’s result, dismissing appellants’ cross-claim against appellees, even though we hold the contribution statute applies. We protect the cross-claim rights, in effect, by allowing a set-off: in affirming that dismissal we rule that if plaintiff succeeds in its present action against appellants, and appellants establish the joint negligence of appellees, there must be set off what, absent appellees’ insurance, appellants can show they would have been able to recover from appellees by way of contribution.” Id. at 1235.”
1 later decision quote this exact passage““To avoid circuity of action, we hold that plaintiff cannot now recover against appellants to the extent that appellants could, in turn, compel contribution from appellees.” New Amsterdam Cas. Co. v. Holmes, supra at 1235.”
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.