Schmidt v. United States’s Empirical Analysis
1996
Citation profile
3 federal appellate · 1 district · 17 state decisions
How this case has been cited
Cited by 24 later decisions — most recently December 2018
3 federal appellate · 1 district · 17 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. § 2671 · 28 U.S.C. § 2674
Relies on 119 Ill. 2d 542 - Harris v. Walker · Burk v. K-Mart Corp. · Anderson v. Ceccardi · Jones v. Dressel · Salt River Project Agricultural Improvement & Power District v. Westinghouse Electric Corp.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) their language must evidence a clear and unambiguous intent to exonerate the would-be defendant from liability for the sought-to-be-recovered damages; (2) at the time the contract (containing the clause) was executed there must have been no vast difference in bargaining power between parties; and (3) enforcement of these clauses must never (a) be injurious to public health, public morals or confidence in administration of the law or (b) so undermine the security of individual rights vis-a-vis personal safety or private property as to violate public policy.”
4 later decisions quote this exact passage“(1) the importance of the subject matter to the physical or economic well-being of the party agreeing to the release and (2) the amount of free choice that party could have exercised when seeking alternate services.”
3 later decisions quote this exact passage“destroy the security of individuals' rights to personal safety or private property.”
3 later decisions quote this exact passage
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.