Heberer v. Shell Oil Co.’s Empirical Analysis
1988
Citation profile
12 federal appellate · 55 state decisions
How this case has been cited
Cited by 82 later decisions — most recently November 2023 · most notably Usery Gourley (1997), Emerick v. Mutual Benefit Life Insurance Co. (1988)
12 federal appellate · 55 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 Sofka v. Thal · Smith v. Tracy · Salmon Ex Rel. Salmon v. Brookshire · Dolan v. Rabenberg · Empire Gas Corp. v. Small's LP Gas Co.
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a false, material representation; (2) the speaker's knowledge of its falsity or his ignorance of its truth; (3) the speaker's intent that it should be acted upon by the hearer in the manner reasonably contemplated; (4) the hearer's ignorance of the falsity of the representation; (5) the hearer's reliance on its truth; (6) the hearer's right to rely thereon; and (7) the hearer's consequent and proximately caused injury.”
7 later decisions quote this exact passage“[i]t must appear in an appreciable sense that the damage flowed from the fraud as the proximate and not the remote cause, and the damage must be such as is the natural and probable consequence of the fraud.”
5 later decisions quote this exact passage“[t]he purchaser rescinds and returns the property received or where he received nothing of value, and in such case he may properly recover the amount he paid with interest from the date of payment, plus incidental losses and expenses suffered as a result of the seller’s misrepresentations.”
1 later decision 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.