Audi Vision Inc. v. RCA Mfg. Co.’s Empirical Analysis
136 F.2d 621 · 1943
Citation profile
58 federal appellate · 4 district · 7 state decisions
How this case has been cited
Cited by 95 later decisions (1 by the Supreme Court) — most recently October 2017 · most notably Cold Metal Process Company v. United Engineering & Foundry Company (1956), Allis-Chalmers Corp. v. Philadelphia Electric Co. (1975)
58 federal appellate · 4 district · 7 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 9 U.S.C. § 1 (Federal Arbitration Act)
Relies on Sola Electric Co. v. Jefferson Electric Co. · Collins v. Miller · General Electric Co. v. Marvel Rare Metals Co. · United States v. River Rouge Improvement Co. · Olsen v. State of Nebraska Western Reference & Bond Association
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It should be clearly recognized that orders of the district court of the type entered in this action below [partial summary judgment] are in essence only pretrial orders, as explicitly provided for in Rule 16 and again in the summary judgment rule, Rule 56(d), when a complete summary judgment is not granted. But such an order is expressly subject to modification “at the trial to prevent manifest injustice.” If the district court will take care in cases such as this to make it clear that its order is of the pre-trial type as authorized under these rules, the parties will then more fully recognize their rights and the court will have retained full power, as it should, to make one complete adjudication on all aspects of the case when the proper time arrives.”
6 later decisions quote this exact passage · from the majority“[T]here seems no question that in the long run fragmentary disposal of what is essentially one matter is unfortunate not merely for the waste of time and expense caused the parties and the courts, but because of the mischance of differing dispositions of what is essentially a single controlling issue.”
3 later decisions quote this exact passage · from the majority““(5) Judgment at Various Stages. — When more than one claim for relief is presented in an action, the court at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim, may enter a judgment disposing of such claim. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. In case a separate judgment is so entered, the court by order may stay its enforcement until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.” (Italics ours.)”
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.