Joint Eastern and Southern District New York Asbestos Litigation Grispo v. Eagle--Picher Industries Inc Fusco’s Empirical Analysis
897 F.2d 626 · 1990
Citation profile
29 federal appellate · 14 district · 9 state decisions
How this case has been cited
Cited by 85 later decisions — most recently October 2021 · most notably In re Brooklyn Navy Yard Asbestos Litigation (1992), Kaiu v. Raymark Industries, Inc. (1992)
29 federal appellate · 14 district · 9 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. § 1292 · 28 U.S.C. § 2680
Relies on Feres v. United States · Commissioner of Internal Revenue v. Estate J Bosch Second National Bank of New Haven · United States v. S.A. Empresa De Viacao Aerea Rio Grandense · Boyle v. United Technologies Corp. · United Families of America v. Kendrick
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Appellant], however, omits a crucial distinction between the discretionary function exception and the military contractor defense. Stripped to its essentials, the military contractor's defense under Boyle is to claim, "The Government made me do it." Boyle displaces state law only when the Government, making a discretionary, safety-related military procurement decision contrary to the requirements of state law, incorporates this decision into a military contractor's contractual obligations, thereby limiting the contractor's ability to accommodate safety in a different fashion. [ Id. at 632 .]”
5 later decisions quote this exact passage“mandates that the federal duties be imposed upon the contractor. The contractor must show that whatever warnings accompanied a product resulted from a determination of a government official, see Boyle [ 487 U.S. at 512 ], 108 S.Ct. at 2518 (”
5 later decisions quote this exact passage“communication to the Government of all product dangers known to it but not to the Government.”
4 later decisions quote this exact passage · from the concurrence
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.