Lawrence Marcus Marc Kasky, on Behalf of Themselves and All Others Similarly Situated v. At&t Corp., Jeffrey A. Moss, on Behalf of Himself and All Others Similarly Situated, Donna Borok Moss v. American Telephone and Telegraph Company’s Empirical Analysis
138 F.3d 46 · 1998
Citation profile
76 federal appellate · 44 district · 28 state decisions
How this case has been cited
Cited by 383 later decisions — most recently September 2023 · most notably Giordano v. City of New York (2001), Ting v. AT&T (2003)
76 federal appellate · 44 district · 28 state decisions — followed in 16 states
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 United Mine Workers of America v. Gibbs · Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Caterpillar Inc. v. Williams · Metropolitan Life Insurance v. Taylor · Gully v. First Nat. Bank in Meridian
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 383 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) "preventing carriers from engaging in price discrimination as between ratepayers," and (2) "preserving the exclusive role of.. .agencies in approving rates ...by keeping courts out of the rate-making process,” a function that "regulatory agencies are more competent to perform.””
8 later decisions quote this exact passage · from the concurrence“[o]n occasion ... the pre-emptive force of a statute is so extraordinary that it converts an ordinary state common-law complaint into one stating a federal claim for purposes of the well-pleaded complaint rule.”
6 later decisions quote this exact passage · from the majority“free to avoid federal jurisdiction by pleading only state claims even where a federal claim is also available.”
6 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.