Zalkind v. Scheinman’s Empirical Analysis
139 F.2d 895 · 1943
Citation profile
46 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 70 later decisions — most recently September 2009 · most notably Arnstein v. Porter (1946), Maternally Yours, Inc. v. Your Maternity Shop, Inc. (1956)
46 federal appellate · 4 district · 2 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 15 U.S.C. § 81
Relies on Railroad Commission v. Pullman Co. · Burford v. Sun Oil Co. · Hurn v. Oursler · Fair v. Kohler Die & Specialty Co. · City of Indianapolis v. Chase Nat Bank of City of New York
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Will the proof necessary to establish a federal claim be ‘substantially identical’ with that necessary to establish the nonfederal claim? That test, which is perhaps well enough, is not ‘hard and fast’; the question is one of degree, but the allowable latitude, as the Supreme Court decisions go, is indeed narrow.” Zalkind v. Scheinman, 1943, 139 F.2d 895, 900 .”
1 later decision quote this exact passage · from the majority“different grounds asserted in support of the same cause of action,”
1 later decision quote this exact passage · from the majoritye.g. Bartle v. Markson
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.