O'Rourke v. Eastern Air Lines, Inc.’s Empirical Analysis
730 F.2d 842 · 1984
Citation profile
60 federal appellate · 2 district · 5 state decisions
How this case has been cited
Cited by 128 later decisions (1 by the Supreme Court) — most recently March 2016 · most notably Salve Regina College v. Russell (1991), United States v. Torres (1990)
60 federal appellate · 2 district · 5 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
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2675
Relies on Klaxon Co. v. Stentor Electric Manufacturing Co. · United States v. Kubrick · Richards v. United States · Bernhardt v. Polygraphic Co. of America, Inc. · Babcock v. Jackson
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.
“Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim.”
2 later decisions quote this exact passage · from the dissent“The carrier shall be liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”
2 later decisions quote this exact passage · from the concurrence“Isolation and analysis of the factors connecting the accident and its causes with the various states does not resolve the choice of law problem. It is true that lex loci delicti remains the general rule in tort cases to be displaced only in extraordinary circumstances.”
2 later decisions 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.