Copeland v. Celotex Corp.’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 14 state decisions

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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]ny requirement of pleading a specific time and place of injury would place an insurmountable burden upon a plaintiff. We hold, therefore, that the allegation of a longtime exposure to the alleged defective product, such as asbestos, under these specifically alleged conditions constitutes sufficient ultimate facts of cumulative exposure injury (characterized in Copeland, 447 So.2d 922 , as "creeping disease").”

   2 later decisions quote this exact passage
   e.g. In Re Asbestos Litigation · Nicolet, Inc. v. Benton

2. “averments of time and place are material... .”

   2 later decisions quote this exact passage
   e.g. Nicolet, Inc. v. Benton · 482 So. 2d 574 - Sarasota Cloth Fabric & Foam, Inc. v. Benes

3. “the modern rule with respect to market share liability in asbestosis case ... would more logically be reached via section 433B(2) of the Restatement (Second) of Torts (1965), which states as follows: Where the tortious conduct of two or more actors has combined to bring about harm to the plaintiff, and one or more of the actors seeks to limit his liability on the ground that the harm is capable of apportionment among them, the burden of proof as to the apportionment is upon each such actor.”

   1 later decision quote this exact passage
   e.g. 471 So. 2d 533 - Celotex Corp. v. Copeland