7 Cal. 4th 701 - Fermino v. Fedco, Inc.’s Empirical Analysis
1994
Citation profile
15 federal appellate · 3 district · 112 state decisions
How this case has been cited
Cited by 185 later decisions (2 by the Supreme Court) — most recently May 2025 · most notably Sosa v. Alvarez-Machain (2004), 26 Cal. 4th 995 - Torres v. Parkhouse Tire Service, Inc. (2001)
15 federal appellate · 3 district · 112 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 27 Cal. 3d 167 - Tameny v. Atlantic Richfield Co. · 46 Cal. 3d 1092 - Leal v. Holy Spirit Ass'n for Unification of World Christianity · 25 Cal. 3d 932 - Agarwal v. Johnson · 43 Cal. 3d 148 - Cole v. Fair Oaks Fire Protection District · 52 Cal. 3d 1 - Shoemaker v. Myers
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 185 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]here are certain types of intentional employer conduct which bring the employer beyond the boundaries of the compensation bargain, for which a civil action may be brought.”
3 later decisions quote this exact passage“pursuant to which the employer assumes Kability for industrial personal injury or death without regard to fault in exchange for limitations on the amount of that liability. The employee is afforded relatively swift and certain payment of benefits to cure or relieve the effects of industrial injury without having to prove fault but, in exchange, gives up the wider range of damages potentially available in tort.'”
2 later decisions quote this exact passage“[A]ny inquiry into an employer's motivation is undertaken not to determine whether the employer intentionally or knowingly injured the employee, but rather to ascertain whether the employer's conduct violated public policy and therefore fell outside the compensation bargain.”
2 later decisions quote this exact passage
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.