613 F. Supp. 2d 271 - Horowitz v. Stryker Corp.’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 2 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.” N.Y. U.C.C. § 2-313 (1).”

   2 later decisions quote this exact passage · from the majority
   e.g. Asghari v. Volkswagen Group of America, Inc. · 344 F. Supp. 3d 500 - Tears v. Bos. Scientific Corp.

2. “[The] plaintiff lacks such a tie to the device in question. Although plaintiff cites to recalls instituted by defendants, such recalls did not include the Trident System or any of its components. Plaintiff introduces FDA warning letters mentioning defendants’ violations of federal regulations, but she never alleges that her particular product was included in the devices which were the subject of those letters nor does she provide a necessary link between the federal violations and her specific injury. Finally, plaintiff never alleges that any enforcement action was brought against defendants concerning the allegedly defective hip implant.”

   1 later decision quote this exact passage · from the majority
   e.g. Funk v. Stryker Corp.

3. “A drug or device shall be deemed to be adulterated if ... the methods used in, or the facilities or controls used for, its manufacture, packing, storage, or installation are not in conformity with [the QSRs].”). . SPA § 4.14(c). . 21 C.F.R. § 820.30 . . See Def. Ex. B; Def. Ex. S. . See SPA §4.12. . See Def. Ex. C. . See id.; Def. Ex. V. . See Def. Ex. C; Def. Ex. Q; Def. Ex. R. . See Def. Ex. T. . SPA § 4.14(c). Sekisui asserts that”

   1 later decision quote this exact passage · from the majority
   e.g. 15 F. Supp. 3d 359 - Sekisui America Corp. v. Hart