Schmidt v. Boardman Co.’s Empirical Analysis

Citation profile

1 federal appellate · 26 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the virtual destruction of the plaintiffs remedies against the original manufacturer caused by the successor’s acquisition of the business, (2) the successor’s ability to assume the original manufacturer’s risk-spreading [role], and (3) the fairness of requiring the successor to assume a responsibility for defective products that was a burden necessarily attached to the original manufacturer’s good will being enjoyed by the successor in the continued operation of the business.”

   2 later decisions quote this exact passage
   e.g. 28 F. Supp. 3d 383 - Gucciardi v. Bonide Products, Inc. · 106 F. Supp. 3d 286 - Vicuna v. O.P. Schuman & Sons, Inc.

2. “[W]here one corporation acquires all or substantially all the manufacturing assets of another corporation, even if exclusively for cash, and undertakes essentially the same manufacturing operation as the selling corporation, the purchasing corporation is strictly liable for injuries caused by defects in units of the same product line, even if previously manufactured and distributed by the selling corporation or its predecessor.”

   2 later decisions quote this exact passage
   e.g. 28 F. Supp. 3d 383 - Gucciardi v. Bonide Products, Inc. · 106 F. Supp. 3d 286 - Vicuna v. O.P. Schuman & Sons, Inc.

3. “The bare litmus of sufficiency review cannot correct a fundamental error in the instructions to lay jurors concerning just what it is that they are deciding.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Tincher, T. v. Omega Flex Inc.