Bruesewitz v. Wyeth, Inc.’s Empirical Analysis
2007
Citation profile
1 federal appellate ·
Relationships
Applies 21 U.S.C. § 301 (Animal Drug Amendments of 1968) · 42 U.S.C. § 262 (Lilly Ledbetter Fair Pay Act of 2009) · 42 U.S.C. § 300A · 7 U.S.C. § 136 (Federal Environmental Pesticide Control Act of 1972) · 7 U.S.C. § 136V
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · California Federal Savings & Loan Ass'n v. Guerra · Wisconsin Public Intervenor v. Mortier · Barnett Bank of Marion County, N. A. v. Nelson
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The malfunction theory permits a plaintiff to prove a defect in a product with evidence of the occurrence of a malfunction and with evidence eliminating abnormal use or reasonable, secondary causes for the malfunction. The plaintiff is relieved from demonstrating precisely the defect yet it permits the trier-of-fact to infer one existed from evidence of the malfunction, of the absence of abnormal use and of the absence of reasonable secondary causes.”
1 later decision quote this exact passage · from the majority
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.