Butz v. Werner’s Empirical Analysis
1989
Citation profile
4 federal appellate · 4 district · 28 state decisions
How this case has been cited
Cited by 36 later decisions — most recently August 2015 · most notably Eagle-Picher Industries, Inc. v. Balbos (1992), Coffman v. Keene Corp. (1993)
4 federal appellate · 4 district · 28 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 National League of Cities v. Usery · Garcia v. San Antonio Metropolitan Transit Authority · Commodity Futures Trading Commission v. Weintraub · Buckley v. American Federation of Television & Radio Artists · Reyes v. Wyeth Laboratories
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We conclude that when no warning is given the plaintiff is entitled to the benefit of a presumption that an adequate warning, if given, would have been read and heeded”); Seley v. G.D. Searle & Co., 67 Ohio St.2d 192 , 423 N.E.2d 831, 838 (1981) (”
2 later decisions quote this exact passage“Our strict products liability caselaw has relied heavily upon Section 402A, Restatement (Second) of Torts (1965). Comment j to Section 402A provides, in pertinent part: "Where warning is given, the seller may reasonably assume that it will be read and heeded; and a product bearing such a warning, which is safe for use if it is followed, is not in defective condition, nor is it unreasonably dangerous." Numerous courts have relied upon Comment j in adopting a corollary presumption: that where no warning is given it may be presumed that, had an adequate warning been given, it would have been read and heeded. . . . . . The rationale behind this approach is that it is a logical interpretation of Comment j. If the seller is entitled to a presumption that an adequate warning will be read and heeded, the plaintiff should be entitled to the converse presumption when no warning, or an inadequate warning, is given. As noted by several courts, the presumption works in favor of the manufacturer or seller when an adequate warning is present, but in favor of the plaintiff user when no warning is given.”
1 later decision quote this exact passage““If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.””
1 later decision quote this exact passagee.g. State v. Trosen
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.