Fleming v. Bernardi’s Empirical Analysis
1941
Citation profile
2 federal appellate · 6 district · 5 state decisions
How this case has been cited
Cited by 28 later decisions — most recently August 2018 · most notably Remington Arms Co. v. Liberty Mutual Insurance (1992), Christenson v. Christenson (1968)
2 federal appellate · 6 district · 5 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 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 215
Relies on Boske v. Comingore · Crawford v. Hubbell · Ex parte Sackett · 24 F. Supp. 908 - Nichols v. Sanborn Co. · Schwartz v. Howard Hosiery Co.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘It seems that when a party seeks relief in a court of law, he must be held to have waived any privilege, which he otherwise might have had, to withhold testimony required by the rules of pleading or evidence as a basis for such relief. ... He must either give up his privilege to withhold pertinent evidence or he must abandon his suit for relief.’ ” (emphasis supplied) Fleming v. Bernardi, 1 F.R.D. 624 [N.D.Ohio, 1941, as quoted in Independent Productions Corp. v. Loew’s, Inc., 22 F.R.D. 266, 277 [S.D.N.Y. 1958].”
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.