Atchison Casting Corp. v. Dofasco, Inc.’s Empirical Analysis
1995
Citation profile
21 district · 3 state decisions
How this case has been cited
Cited by 26 later decisions — most recently November 2018 · most notably Azar v. Prudential Insurance Co. of America (2003), Larkin v. City of Burlington (2001)
21 district · 3 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 Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Klaxon Co. v. Stentor Electric Manufacturing Co. · Fondel v. Ford Motor Co. · Ling v. Jan's Liquors
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Defendant cites lsler v. Texas Oil & Gas. Corp., 749 F.2d 22 (10th Cir. 1984), and various cases following it, for the proposition that plaintiff’s misrepresentation claims are not actionable. See also [Ford Motor Cred. Co. v. Suburban Ford, 237 Kan. 195, 203 , 699 P.2d 992 , cert. denied 474 U.S. 995 (1985)]; [L.R. Foy Constr. Co. v. Professional Mechanical Contractors, 13 Kan. App. 2d 188 , 194-95, 766 P.2d 196 (1988)]; Woodmont Corp. v. Rockwood Ctr. Partnership, 858 F. Supp 158, 160 (D. Kan. 1994); Smith v. Hawkeye-Security Ins. Co., 842 F. Supp 1373, 1375 (D. Kan. 1994). These various cases hold that the existence of a contractual relationship bars the assertion of tort claims covering the same subject matter governed by the contract. See, e.g., Smith, 842 F. Supp. at 1375 . They distinguish claims in tort, which arise when a party violates some duty imposed by law, and contractual duties, which are defined by the parties’ agreement [citation omitted] and find that tort duties may not be imposed where die party’s duties and rights are specifically defined by contract. [Citations omitted.] (‘The point in Isler is that a party cannot have a tort duty when the party’s same duties and rights are specified by contract.’). Where the parties contemplate a remedy in the event of breach, and the provisions of the contract cover the consequences of default, the bargained-for existence of a contractual remedy displaces the imposition of tort duties. [Citation omitted.]” (Emphasis ”
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.