Continental Collieries, Inc. v. Shober’s Empirical Analysis
130 F.2d 631 · 1942
Citation profile
59 federal appellate · 34 district · 11 state decisions
How this case has been cited
Cited by 204 later decisions (2 by the Supreme Court) — most recently June 2017 · most notably Bell Atlantic Corp. v. Twombly (2007), Conley v. Gibson (1957)
59 federal appellate · 34 district · 11 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 Erie Co v. Tompkins · Klaxon Co. v. Stentor Electric Manufacturing Co. · Leimer v. State Mut. Life Assur. Co. · De Loach v. Crowley's, Inc. · Mason-Heflin Coal Co. v. Currie
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 204 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]here is no justification for dismissing a complaint for insufficiency of statement, except where it appears to a certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of the claim. No matter how likely it may seem that the pleader will be unable to prove his case, he is entitled, upon averring a claim, to an opportunity to try to prove it.”
9 later decisions quote this exact passage · from the majority“"Under the Federal Rules of Civil Procedure the function of the complaint is to afford fair notice to the adversary of the nature and basis of the claim asserted and a general indication of the type of litigation involved. * * Technicalities are no longer of their former importance, and a short statement which fairly gives notice of the nature of the claim is a sufficient compliance with the requirements of the rules.””
4 later decisions quote this exact passage · from the majority“"Claims for relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain "(1) A short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, "(2) A short and plain statement of the claim showing that the pleader is entitled to relief, and "(3) A demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded. (Rules Civ.Proc., Rule 8 (a))."”
2 later decisions 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.