Cleary v. Philip Morris Inc.’s Empirical Analysis
656 F.3d 511 · 2011
Citation profile
8 federal appellate · 3 district · 3 state decisions
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on 131 Ill. 2d 145 - HPI Health Care Services, Inc. v. Mt. Vernon Hospital, Inc. · Altria Group, Inc. v. Good · 216 Ill. 2d 100 - Avery v. State Farm Mutual Automobile Insurance · 209 Ill. 2d 248 - Raintree Homes, Inc. v. Village of Long Grove · 219 Ill. 2d 182 - Price v. Philip Morris, Inc.
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[u]njust enrichment is a common-law theory of recovery or restitution that arises when the defendant is retaining a benefit to the plaintiff's detriment, and this retention is unjust.”
5 later decisions quote this exact passage · from the majority“unlawful or improper conduct as defined by law, such as fraud, duress, or undue influence, or, alternatively, it may be based on contracts which are implied in law.”
2 later decisions quote this exact passage · from the majority“According to the plaintiffs, the class of people with a valid unjust enrichment claim would include the consumer who bought cigarettes and was never injured in any manner by his purchase. It would include the consumer who was satisfied by his cigarette purchase and planned to continue purchasing cigarettes. It would include the consumer who would not have acted any differently had he been fully informed about cigarettes, but bought them anyway regardless of the defendants’ marketing. It would include the consumer who was not deceived by the marketing because he was personally aware of the true nature of cigarettes, but still bought cigarettes despite their addictive and harmful nature—or even because of it.”
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.