Fraser v. Wyeth, Inc.’s Empirical Analysis
2014
Citation profile
1 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1961
Relies on Reeves v. Sanderson Plumbing Products, Inc. · BMW of North America, Inc. v. Gore · State Farm Mutual Automobile Insurance v. Campbell · Shannon v. United States · Fitzgerald v. Barnstable School Committee
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, and the adverse consequences to the product and to the consumer that would result from an alternative design. [Citations.]' [Citation.]”
1 later decision quote this exact passage · from the majority“evidence of Wyeth's marketing, advertising, and ghost-writing efforts was relevant to Plaintiffs' strict liability claim under the modified consumer expectation test.”
1 later decision quote this exact passage · from the majority“'incorporat[ed] risk-utility factors into the ordinary consumer expectation analysis.'”
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.