Kelly v. Stratton’s Empirical Analysis
1982
Citation profile
2 federal appellate · 4 state decisions
How this case has been cited
Cited by 24 later decisions — most recently April 2002
2 federal appellate · 4 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
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 93
Relies on Conley v. Gibson · Erie Co v. Tompkins · West v. American Telephone & Telegraph Co. · 74 Ill. 2d 172 - Kelsay v. Motorola, Inc. · Lehman Brothers v. Schein
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Traditionally, punitive damages have been seldom used. However, with its new prevalence as an integral element of litigation the Commission thought that the insurance industry might have taken the opportunity to utilize Senate Bill 517 to establish statutory limits on the amount of punitive damages. This was not done. Perhaps this disinterest reflects the disquietude which the Illinois Supreme Court has had with regard to whether punitive damages may be constitutional ***.” 552 F. Supp. 641, 648 .”
1 later decision quote this exact passage · from the majority“Insurance companies, particularly in California, are experiencing with some frequency the problem of punitive damages being demanded in almost any litigated claim____ [T]he Commission thought that the insurance industry might have taken the opportunity to utilize Senate Bill 517 [the 1977 amendment to section 155] to establish statutory limits on the amount of punitive damages. This was not done.”
1 later decision quote this exact passage · from the majority“When the rights of a litigant aré dependent upon the law of a particular state, the court of the forum must do its best (not its worst) to determine what that law is. It must use its judicial brains, not a pair of scissors and a paste pot. Our judicial pro cess is not mere syllogistic deduction, except at its worst.”
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.