Ek v. Herrington’s Empirical Analysis
939 F.2d 839 · 1991
Citation profile
2 federal appellate · 3 state decisions
How this case has been cited
Cited by 7 later decisions — most recently November 2018
2 federal appellate · 3 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. § 1291 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on United Steelworkers of America v. Phelps Dodge Corporation, a New York Corporation, Defendants · Pennsylvania Department of Public Welfare v. Davenport · Smith v. State · Sanchez v. Galey · Rooney v. United States
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We accept the Restatement’s suggestion that the risk posed by malfunctioning brakes is an ordinary one that an employer of an independent contractor has no duty to provide against. Similarly, we hold that the risk posed by overloading a logging truck is not a peculiar risk that arises in the normal course of logging and for which special precautions must be taken. It is a risk that would not arise, but for the independent contractor's negligence, and which can be avoided by the ordinary precaution of not overloading the truck. An employer of an independent contractor is justified in presuming that a careful contractor will not create that risk---- The duty rests solely on the shoulders of the independent contractor. [Id at 844 (emphasis added).]”
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.