584 F. Supp. 369 - American Family Insurance Group v. Howe’s Empirical Analysis
1984
Citation profile
1 district · 8 state decisions
How this case has been cited
Cited by 11 later decisions — most recently June 2014
1 district · 8 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. § 2201
Relies on Erie Co v. Tompkins · 4 Smith & H. 301 - Stovall v. New York Indemnity Co. · 11 Ill. App. 2d 503 - Konrad v. Hartford Accident & Indemnity Co. · Hinton v. Indemnity Insurance Co. of North America · State Farm Mutual Automobile Insurance v. Zurich American Insurance
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]mplied consent will not arise without a showing of course of conduct or practice known to the owner and acquiesced in by him that would lead to an implication of permission for a particular venture.”
2 later decisions quote this exact passage“Implied permission arises upon consideration of such factors as the past and present conduct of the insured, [the] relationship between the driver and the insured, and [the] usage and practice of the parties over an extended period of time prior to the use in question. In addition, some courts have stated that the usage and practice of the parties should be such that would indicate to a reasonable mind that the driver had the right to assume permission under the particular circumstances. (citations omitted).”
1 later decision quote this exact passagee.g. Wilson v. Lewno“Implied permission arises upon consideration of such factors as the past and present conduct of the insured, relationship between the driver and the insured, and usage and practice of the parties over an extended period of time prior to the use in question. [T]he usage and practice of the paiTies must be such that would indicate to a reasonable mind that the driver had the right to assume permission under the particular circumstances.”
1 later decision quote this exact passage
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.