Hymowitz v. Eli Lilly & Co.’s Empirical Analysis
1989
Citation profile
57 federal appellate · 18 district · 72 state decisions
How this case has been cited
Cited by 282 later decisions (2 by the Supreme Court) — most recently January 2017 · most notably Robert Moore Jeannette Parry v. Painewebber Inc (1999), 137 Ill. 2d 222 - Smith v. Eli Lilly & Co. (1990)
57 federal appellate · 18 district · 72 state decisions — followed in 15 states
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.
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 282 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the amount of risk of injury each defendant created to the public-at-large”
4 later decisions quote this exact passage · from the dissent“exculpation of a defendant who, although a member of the market producing DES for pregnancy use, appears not to have caused a particular plaintiff's injury.”
3 later decisions quote this exact passage · from the dissent“Indeed, it would be inconsistent with the reasonable expectation of a modern society to say to these plaintiffs that because of the insidious nature of an injury that long remains dormant, and because so many manufacturers, each behind a curtain, contributed to the devastation, the cost of injury should be borne by the innocent and not the wrongdoers. This is particularly so where the Legislature consciously created these expectations by reviving hundreds of DES cases. Consequently, the ever-evolving dictates of justice and fairness, which are the heart of our common-law system, require formation of a remedy for injuries caused by DES.”
2 later decisions quote this exact passage · from the dissent
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.