Loughan v. Firestone Tire & Rubber Co.’s Empirical Analysis
749 F.2d 1519 · 1985
Citation profile
23 federal appellate · 8 state decisions
How this case has been cited
Cited by 55 later decisions — most recently October 2016 · most notably Okehi v. Security Bank of Bibb County (2001), United States Equal Employment Opportunity Commission v. W&O, Inc. (2000)
23 federal appellate · 8 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. § 1920
Relies on Foman v. Davis · The Boeing Company v. Daniel C. Shipman · 280 So. 2d 431 - Hoffman v. Jones · John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western Germany · United States v. Kolesar
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Character is a generalized description of one’s disposition, or one’s disposition in respect to a general trait, such as honesty, temperance, or peacefulness. Habit ... describes one’s regular response to a repeated specific situation. If we speak of character for care, we think of the person’s tendency to act prudently in all the varying situations of life, in business, in family life, in handling automobiles, and in walking across the street. A habit, on the other hand, is the person’s regular practice of meeting a particular kind of situation with a specific type of conduct, such as the habit of going down a particular stairway two stairs at a time, or giving the hand signal for a left turn, or of alighting from railway cars while they are moving. The doing of the habitual acts may become semi-automatic.”
2 later decisions quote this exact passage · from the majority“[S]uch [habit] evidence, when substantial, allows the trier of facts to infer that the habit was conformed with on a particular occasion.”
2 later decisions quote this exact passage · from the majority“adequacy of sampling and uniformity of response.”
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.