Oestreicher v. Alienware Corp.’s Empirical Analysis
2008
Citation profile
39
cited by 39 later decisions
January 2018
most recently cited
4 federal appellate · 4 district ·
Relationships
Relies on Bell Atlantic Corp. v. Twombly · Balistreri v. Pacifica Police Department · Voinovich v. Quilter · Vess v. Ciba-Geigy Corp. USA · Rafael Navarro v. Sherman Block
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[V]irtually all product failures discovered in automobiles after expiration of the warranty can be attributed to a ‘latent defect’ that existed at the time of sale or during the term of the warranty. All parts will wear out sooner or later and thus have a limited effective life. Manufacturers always have knowledge regarding the effective life of particular parts and the likelihood of their failing within a particular period of time.... Manufacturers ... can always be said to ‘know’ that many parts will fail after the warranty period has expired. A rule that would make failure of a part actionable based on such ‘knowledge’ would render meaningless time/mileage limitations on warranty coverage.” Daugherty, 144 Cal.App.4th at 830-31 , 51 Cal.Rptr.3d 118 (quoting Abraham v. Volkswagen of Am., Inc., 795 F.2d 238 , 250 (2d Cir.1986) (alterations original)).”
2 later decisions quote this exact passage · from the majority“Common experience supports plaintiffs’ claim that a potential car buyer would view as material a defective speedometer. That a speedometer is prone to fail and to read a different speed than the vehicle’s actual speed, even a difference of ten miles per hour, would be material to the reasonable consumer, driver and passenger. Such a faulty speedometer easily would lead to traveling at unsafe speeds and moving-violation penalties.”
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.