11 Ucc rep.serv.2d 1131, prod.liab.rep.(cch)p 12,453 Jordan A. Miller and J. Donna Miller, Doing Business as Office on the Square v. United States Steel Corporation, and Third-Party/plaintiff-Appellee v. Miller & Meier & Associates, Architects & Planners, Incorporated and Selzer-Ornst Company, Third-Party’s Empirical Analysis
1990
Citation profile
4 federal appellate · 2 district · 24 state decisions
How this case has been cited
Cited by 53 later decisions — most recently September 2019 · most notably 216 Wis. 2d 395 - Daanen & Janssen, Inc. v. Cedarapids, Inc. (1998), 226 Wis. 2d 235 - Wausau Tile, Inc. v. County Concrete Corp. (1999)
4 federal appellate · 2 district · 24 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 East River Steamship Corp. v. Transamerica Delaval Inc. · 115 Ill. 2d 146 - Anderson Electric, Inc. v. Ledbetter Erection Corp. · Ampat/Midwest, Inc. v. Illinois Tool Works Inc. · 148 Wis. 2d 910 - Sunnyslope Grading, Inc. v. Miller, Bradford & Risberg, Inc. · 72 Wis. 2d 38 - City of La Crosse v. Schubert, Schroeder & Associates, Inc.
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[it would be better to call ["an economic loss"] a "commercial loss," not only because personal injuries and especially property losses are economic losses, too-they destroy values which can be and are monetized-but also, and more important, because tort law is a superfluous and inapt tool for resolving purely commercial disputes We have a body of law designed for such disputes. It is called contract law. Products liability law has evolved into a specialized branch of tort law for use in cases in which a defective product caused, not the usual commercial loss, but a personal injury to a consumer or bystander.”
11 later decisions quote this exact passage · from the majority“The insight behind the [economic loss rule] doctrine is that commercial disputes ought to be resolved according to the principles of commercial law rather than according to tort principles designed for accidents that cause personal injury or property damage. A disputant should not be permitted to opt out of commercial law by refusing to avail himself of the opportunities which that law gives him.”
5 later decisions quote this exact passage · from the majority“[i]ncidental property damage . . . will not take a commercial dispute outside the economic loss doctrine.”
3 later decisions 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.