960 F. Supp. 2d 700 - Prather v. Abbot Laboratories’s Empirical Analysis

Citation profile

1 district ·

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.

1. “parrot[ing] the elements of a design-defect claim, utilizing buzz words and phrases such as 'in a defective and unreasonably dangerous condition,' 'unreasonably dangerous and more dangerous than an ordinary consumer would expect,' 'without substantial change in condition,' 'foreseeable risks exceeded the benefits associated,' [and] 'safer alternative designs' ...”

   1 later decision quote this exact passage · from the majority
   e.g. 349 F. Supp. 3d 628 - Sims v. Atrium Med. Corp.

2. “[U]nder either theory, it is the legal duty of a manufacturer to use reasonable care to protect against foreseeable dangers. In a design defect case, courts use some form of risk-utility analysis to assess the decisions made by manufacturers with respect to the design of their products.”

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. E-Z-Go Div. of Textron, Inc.

3. “provides an exception to the general rule of strict liability for 'apparently useful and desirable product[s], attended with a known but apparently reasonable risk.'”

   1 later decision quote this exact passage · from the majority
   e.g. 349 F. Supp. 3d 628 - Sims v. Atrium Med. Corp.