Rosado v. Proctor & Schwartz, Inc.’s Empirical Analysis

Citation profile

16 federal appellate · 6 district · 6 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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A strict products liability action is not analogous to vicarious liability, resulting in the imposition of liability without regard to fault. A manufacturer is held accountable as a wrongdoer, and, while the proof that must be adduced by a plaintiff is not as exacting as it would be in a pure negligence action, a prima facie case is not established unless it is shown, among other things, that in relation to those who will use it, the product was defective when it left the hands of the manufacturer because it was not reasonably safe.”

   1 later decision quote this exact passage · from the majority
   e.g. Britt-Tech Corp. v. American Magnetics Corp.

2. “Basically, in contribution the loss is distributed among tort-feasors, by requiring joint tort-feasors to pay a propor tionate share of the loss to one who has discharged their joint liability, while in indemnity the party held legally liable shifts the entire loss to another.”

   1 later decision quote this exact passage · from the majority
   e.g. 147 F. Supp. 3d 212 - Amguard Insurance v. Getty Realty Corp.

3. “[tlo allow a manufacturer ... to shift the ultimate duty of care to others through boilerplate language in a sales contract, would erode the economic incentive manufacturers have to maintain safety and give sanction to the marketing of dangerous, stripped down, machines.”

   1 later decision quote this exact passage · from the majority
   e.g. Maxon Corp. v. Tyler Pipe Industries, Inc.