Waldman v. Cohen’s Empirical Analysis
1987
Citation profile
2 federal appellate · 5 state decisions
How this case has been cited
Cited by 7 later decisions — most recently August 2014
2 federal appellate · 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
Relies on 47 Wis. 2d 207 - State Ex Rel. Polk v. Johnson · Povlich v. Glodich
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.
“The paramount importance of maintaining the independence and intellectual integrity of each juror is underscored by cases holding that all of the statutory number of jurors must participate in the decision-making process so that nonparticipation by a juror whether due to illness or other cause is destructive to a verdict, even where unanimity is not a requisite (see, e.g., Measeck v. Noble, 9 A.D. 2d 19 [ 189 N.Y.S. 2d 748 ]; Johnson v. Holzemer, 263 Minn 227 [ 116 N.W. 2d 673 ]; City of Flat River v. Edgar, 412 S.W. 2d 537 [Mo.]). These cases illustrate the principle that participation by less than all of its members deprives the jury of the reflections and judgment of an individual who might have opposed the verdict and might have persuaded one or more of the other jurors of the wisdom of his position ( see Comment, Courts: Jurors Dissenting on Special Verdict Issue Excluded From Subsequent Deliberations, 61 Minn.L.Rev. 151, 161; 4 Weinstein-Korn-Miller, N.Y.Civ.Prac., ¶ 4113.03). [ Waldman, supra, 125 A.D. 2d at 119 , 512 N.Y.S. 2d 205 (quoting Schabe v. Hampton Bays Union Free Sch. Dist., 103 A.D. 2d 418, 427-28 , 480 N.Y.S. 2d 328 (1984)).]”
1 later decision quote this exact passage · from the majority“Although waiver and estoppel are sometimes used interchangeably, a waiver is an intentional abandonment of a right without need to show reliance or detriment to the asserting party.”). 37 . While we have discretion to address arguments not presented to the district court where necessary to avoid manifest injustice, we see no reason to do so here.”
1 later decision quote this exact passage · from the majority“absence of a consent by all parties, a jury made up of less than six persons cannot render a valid verdict.”
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.