Kimmell v. Schaefer’s Empirical Analysis
1996
Citation profile
12 federal appellate · 6 district · 3 state decisions
How this case has been cited
Cited by 286 later decisions — most recently September 2018 · most notably Lawrence Marcus Marc Kasky, on Behalf of Themselves and All Others Similarly Situated v. At&t Corp., Jeffrey A. Moss, on Behalf of Himself and All Others Similarly Situated, Donna Borok Moss v. American Telephone and Telegraph Company (1998), Eternity Global Master Fund Limited v. Morgan Guaranty Trust Company of New York and Jpmorgan Chase Bank (2004)
12 federal appellate · 6 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.
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 286 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining whether justifiable reliance exists in a particular case, a fact finder should consider whether the person making the representation held or appeared to hold unique or special expertise; whether a special relationship of trust or confidence existed between the parties; and whether the speaker was aware of the use to which the information would be put and supplied it for that purpose.”
17 later decisions quote this exact passage · from the majority“In the commercial context, a duty to speak with care exists when 'the relationship of the parties, arising out of contract or otherwise, [is] such that in morals and good conscience the one has the right to rely upon the other for information.'”
2 later decisions quote this exact passage · from the majority“that he could provide `hot comfort' should plaintiff[s] entertain any reservations about investing,”
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.