Case Citator › Gould Electronics Inc. v. United States

Gould Electronics Inc. v. United States

Is it still good law? What later courts have actually done to this case.

Criticized by some courts
Court
Third Circuit
Citation
220 F.3d 169
Decided
Confirmed treatments
1
Flagged citations read
33 of 33
Citing cases (total)
33
Treatment dates
2003
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. Gould Electronics Inc. v. United States remains in use, but the Third Circuit later criticized its approach to choosing among states’ conflict-of-law rules in Federal Tort Claims Act cases. All 33 flagged citations have been read.
More on how this was screened

The confirmed criticism is listed below. Simon v. United States replaced Gould’s survey of possible approaches with a single rule for cases in which those approaches point to different states; Gould’s separate rules for reviewing jurisdictional challenges continue to be cited approvingly.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

33 later cases cite Gould Electronics Inc. v. United States; 33 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Gould Electronics Inc. v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Criticized

  • The Third Circuit called Gould’s choice-of-law methodology undesirable because its possible approaches overlapped and gave no guidance on their relative weight; it adopted a single test for later FTCA cases.

    Simon v. United States · Third Circuit · filed

    In that sense, Gould’s methodology is far from desirable, for it lists several often-conflicting and overlapping approaches without providing any guidance as to which approach should be given the most weight. Today we refine Gould by adopting a single approach to resolving choice-of-law disputes in FTCA cases: we will apply the choice-of-law regime of the jurisdiction in which the last significant act or omission occurred.
    Read the full opinion on CourtListener →

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