McNair v. Johnson & Johnson’s Empirical Analysis
2017
Citation profile
1 federal appellate · 1 district · 2 state decisions
Relationships
Applies 21 U.S.C. § 355 (Federal Food, Drug, and Cosmetic Act) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1441
Relies on Wyeth v. Levine · PLIVA, Inc. v. Mensing · PLIVA, Inc. v. Mensing · PLIVA, Inc. v. Mensing · 133 S. Ct. 2466 - Mutual Pharmaceutical Co. v. Bartlett
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any civil action for personal injury, death, or property damage caused by a product, regardless of the type of claims alleged or the theory of liability asserted, the plaintiff must prove, among other elements, that the defendant designed, manufactured, sold, or leased the particular product the use of which is alleged to have caused the injury on which the claim is based, and not a similar or equivalent product.”
1 later decision quote this exact passage · from the majority“Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.”
1 later decision quote this exact passage · from the majority“precedent leaves open the possibility that brand-name manufacturers may be liable for failure to warn when a plaintiff ingests the generic drug.”
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.