Prodliabrepp 12816’s Empirical Analysis
Citation profile
6 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 44 later decisions — most recently April 2021 · most notably Little v. Liquid Air Corp. (1994), In re Bridgestone/Firestone, Inc. (2002)
6 federal appellate · 4 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
Relies on Celotex Corporation v. Catrett H · Weber v. Fidelity & Casualty Insurance Co. of NY · Halphen v. Johns-Manville Sales Corp. · 535 So. 2d 723 - Ingram v. Caterpillar MacHinery Corp. · Brown v. Parker-Hannifin 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a proper warning would have changed the decision of the treating physician, i.e., that but for the inadequate warning, the treating physician would not have used or prescribed the product.”
2 later decisions quote this exact passage · from the majority“Louisiana applies the “learned intermediary doctrine” to products liability cases involving prescription drugs. Under this doctrine, a drug manufacturer discharges its duty to consumers by reasonably informing prescribing physicians of the dangers of harm from a drug. This court has acknowledged that there is a two-prong test governing inadequate-warning claims under the LPLA when the learned intermediary doctrine is applicable. First, the plaintiff must show that the defendant failed to warn (or inadequately warned) the physician of a risk associated with the product that was not otherwise known to the physician. Second, the plaintiff must show that this failure to warn the physician was both a cause in fact and the proximate cause of the plaintiff’s injury.”
1 later decision quote this exact passage · from the majority“We, therefore, interpret the duty to warn in the learned intermediate context to require an adequate warning of inherent dangers not within the knowledge of or obvious to the average learned intermediate.”). 29 . Motus v. Pfizer Inc., 358 F.3d 659 , 661 (9th Cir.2004) (”
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.