Kotler v. American Tobacco Co.’s Empirical Analysis
926 F.2d 1217 · 1990
Citation profile
37 federal appellate · 16 district · 4 state decisions
How this case has been cited
Cited by 68 later decisions — most recently August 2021 · most notably Davet v. Maccarone (1992), Narragansett Indian Tribe v. Guilbert (1991)
37 federal appellate · 16 district · 4 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 15 U.S.C. § 1334 (Sherman Antitrust Act) · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1870
Relies on Foman v. Davis · Irvin v. Dowd · Carnegie v. United States · Patterson v. United States · Torres v. Oakland Scavenger Co.
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“familiar principle that where an appeal presents a difficult jurisdictional issue, yet the substantive merits underlying the issue are facilely resolved in favor of the party challenging jurisdiction, the jurisdictional inquiry may be avoided.”
5 later decisions quote this exact passage · from the majority“blaze new and unprecedented jurisprudential trails.”
3 later decisions quote this exact passage · from the majority“[S]ince the duty to warn under both theories is a function of, chiefly, what the manufacturer knows or should know about the danger necessitating the warning, the two theories often seem similar. In fact, other courts have concluded that the strict liability duty to warn is so largely informed by negligence principles as to be essentially identical to the negligence duty.”
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.