Zipkin v. Freeman’s Empirical Analysis
1968
Citation profile
11 federal appellate · 1 district · 63 state decisions
How this case has been cited
Cited by 87 later decisions — most recently December 2016 · most notably Scottsdale Insurance v. Flowers (2008), American Physicians Insurance Exchange v. Garcia (1994)
11 federal appellate · 1 district · 63 state decisions — followed in 22 states
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 Engelhardt v. Bell & Howell Co. · Krug v. Sterling Drug, Inc. · Hotelling v. Walther · Grand Lodge of United Brothers of Friendship & Sisters of Mysterious Ten v. Massachusetts Bonding & Insurance · Marshall's U. S. Auto Supply, Inc. v. Maryland Casualty Co.
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The gravamen of the petition is that defendant did not treat Mrs. Zipkin properly and as a result she was injured. He mishandled the transference phenomenon, which is a reaction the psychiatrists anticipate and which must be handled properly.”
2 later decisions quote this exact passage“negligently advised plaintiff she needed further treatment by way of personal and social contacts with him even though such a relationship went beyond accepted psychiatric standards.”
2 later decisions quote this exact passage““ “What is perhaps regarded as the most significant concept in psychoanalytical therapy, and one of the most important discoveries of Freud, is the emotional reaction of the patient towaid the analyst known as the transference . . .’, Modern Clinical Psychiatry, Noyes & Kolb, 6th Ed., 1963, p. 505. “ ‘Inappropriate emotions, both hostile and loving, directed toward the physician are recognized by the psychiatrist as constituting a special aspect of the patient’s neurosis — the transference. The psychiatrist looks for manifestations of the transference, and is prepared to handle it as it develops.’ Melvin S. Heller, M. D., Some Comments to Lawyers on the Practice of Psychiatry, 30 Temple University Law Quarterly 401, 402. “ ‘[Transference ... In psychiatry, the shifting of an affect from one person to another . . . especially the transfer by the patient to the analyst of emotional tones, either of affection or of hostility . . .’ Dorland’s Illustrated Medical Dictionary, 23rd Ed., 1957, p. 1454. “ ‘. . . Transference may be positive, when the feelings and reactions are affectionate, friendly, or loving. . . . Understanding of transference forms a basic part of the psychoanalytic technique.’ Blaldston’s New Gould Medical Dictionary, 2nd Ed., 1956, p. 1260.”» (Footnote 1, p. 755.)”
1 later decision quote this exact passagee.g. Seymour v. Lofgreen
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.