812 F. Supp. 2d 768 - Hewitt v. WYETH, INC.’s Empirical Analysis
2011
Citation profile
2
cited by 2 later decisions
October 2012
most recently cited
Relationships
Relies on 735 So. 2d 161 - Donald v. Amoco Production Co. · 611 So. 2d 962 - Schiro v. American Tobacco Co. · Barnes v. Koppers, Inc. · Angle v. Koppers, Inc. · Lincoln Electric Co. v. McLemore
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Plaintiffs reliance on Donald v. Amoco Production Co., 735 So.2d 161 (Miss. 1999), to avoid dismissal is misplaced. As described in Angle , the injury in Donald , contamination of the plaintiffs property with oil waste, was “ ‘inherently undiscoverable,’ and the cause of action had accrued upon discovery of the injury.” Angle, 42 So. 3d at 7 . As Wyeth notes, there was a question in Donald about whether the plaintiff knew he had been injured, since he was unaware of the radioactive nature of certain oil waste deposits buried on his property. See Donald, 735 So.2d at 168 (Miss.1999) (noting that discovery rule of § 15-1-49 is applicable “where the plaintiff will be precluded from discovering the harm or injury because of the secretive or inherently undiscoverable nature of the wrongdoing in question ... [o]r, the discovery exception may be applied when it is unrealistic to expect a layman to perceive the injury at the time of the wrongful act”) (emphasis added). Here, unlike Donald , there is no question about when Hewitt learned of her injury.”
1 later decision quote this exact passage · from the majority“(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after. (2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.”
1 later decision 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.