In re Bendectin Products Liability Litigation’s Empirical Analysis
749 F.2d 300 · 1984
Citation profile
75 federal appellate · 7 district · 14 state decisions
How this case has been cited
Cited by 173 later decisions (1 by the Supreme Court) — most recently December 2022 · most notably Ortiz v. Fibreboard Corp. (1999), Castano v. American Tobacco Co. (1996)
75 federal appellate · 7 district · 14 state decisions — followed in 10 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.
Relationships
Applies 28 U.S.C. § 1651
Relies on Parklane Hosiery Co. v. Shore · Kerr v. United States Dist. Court for Northern Dist. of Cal. · Allied Chemical Corporation v. Daiflon Inc · Will v. United States · Bankers Life & Casualty Co. v. Holland
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 173 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The party seeking the writ has no other adequate means, such as direct appeal, to attain the relief desired. (2) The petitioner will be damaged or prejudiced in a way not correctable on appeal. (This guideline is closely related to the first.) (3) The district court’s order is clearly erroneous as a matter of law. (4) The district court’s order is an oft-repeated error, or manifests a persistent disregard of the federal rules. (5) The district court’s order raises new and important problems, or issues of law of first impression.”
12 later decisions quote this exact passage · from the majority“(1) the prosecution of separate actions by or against individual members of the class would create a risk of (A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class”
4 later decisions quote this exact passage · from the majority“a proper disposition will often require a balancing of conflicting factors.”
3 later decisions quote this exact passage · from the majoritye.g. In Re Gary Gillis, Secretary of Revenue of the State of Kentucky Clayton Foster, Property Valuation Administrator of Hopkins County, Kentucky Emogene Geary, Property Valuation Administrator of Ohio County, Kentucky Robert McLearn Property Valuation Administrator of Muhlenberg County, Kentucky Jerry Blanton, Property Valuation Administrator of Harlan County, Kentucky and H.E. Grace, Property Valuation Administrator of Bell County, Kentucky · Gillis He
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.