Asbestos Litigation Flanagan’s Empirical Analysis
1996
Citation profile
1 district · 5 state decisions
How this case has been cited
Cited by 32 later decisions (1 by the Supreme Court) — most recently June 2021 · most notably Ortiz v. Fibreboard Corp. (1997), Lightbourn
1 district · 5 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 Erie Co v. Tompkins · Lujan v. Defenders of Wildlife · United Mine Workers of America v. Gibbs · Mullane v. Central Hanover Bank & Trust Co. · Escobedo v. Illinois
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One or more members of a class action may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.”
4 later decisions quote this exact passage · from the majority“The rule that a court should consider a proposed settlement, if one is before it, when deciding certification issues makes good sense. Settlements and the events leading up to them add a great deal of information to the court’s inquiry and will often expose diverging interests or common issues that were not evident or clear from the complaint, (citation omitted). We are bound to follow Container I’s [In re Corrugated Container Antitrust Litig., 643 F.2d 195 (5th Cir.), aff'd, 659 F.2d 1332 (5th Cir.1981), cert. denied, 456 U.S. 1012 , 102 S.Ct. 2308 , 73 L.Ed.2d 1309 (1982)] holding that the district court can and should look at the terms of a settlement in front of it as part of its certification inquiry. We would adopt this rule even if we were not bound by precedent because it enhances the ability of district courts to make informed certification decisions.”
2 later decisions quote this exact passage · from the majority“A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.”
1 later decision 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.