Casey’s Empirical Analysis

Citation profile

9 district · 16 state decisions

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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The inferior court is bound by the judgment or decree as the law of the case, and must carry it into execution according to the mandate. The inferior court cannot vary it, or judicially examine it for any other purpose than execution. It can give no other or further relief as to any matter decided by the Supreme Court, even where there is error apparent; or in any manner intermeddle with it further than to execute the mandate, and settle such matters as have been remanded, not adjudicated, by the Supreme Court.”

   6 later decisions quote this exact passage · from the dissent
   e.g. Wal-Mart Stores, Inc. v. Regions Bank Trust Department · Ute Indian Tribe v. State of Utah

2. ““ ‘Law of the case’ rules have developed ‘to maintain consistency and avoid reconsideration of matters once decided during the course of a single continuing lawsuit.’ 18 Charles A Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedures § 4478, 'at 788 (1981). ‘Of these rules, the most compelling is the mandate rule. This fundamental rule binds every court to honor rulings in the case by superior courts. As the Supreme Court has stated, “In its earliest days this Court consistently held that an inferior court has no power or authority to deviate from the mandate issued by an appellate court.” Briggs v. Pennsylvania R. Co., 334 U.S. 304, 306 , 68 S. Ct. 1039, 1040 , 92 L. Ed. 1403 (1948). The statutory authority for the power of the appellate courts dates from the first Judiciary Act of 1789 and is now found in 28 U.S.C. § 2106 .’ Casey v. Planned Parenthood of Southeastern Pennsylvania, 14 F.3d 848, 856 (3d Cir. 1994) (footnotes omitted.) ‘The so-called “mandate rule” is simply a subspecies of the venerable “law of the case” doctrine, a staple of our common law as old as the Republic. . . .’ Federated Rural Electric Insurance Corp. v. Arkansas Electric Cooperatives, Inc., 896 F.Supp. 912, 914 (E.D. Ark. 1995) (citation omitted). “Whatever was before the [superior] Court, and is disposed of, is considered as finally settled. The inferior court is bound by the decree as the law of the case; and must carry it into execution, according to the mandate. They can”

   4 later decisions quote this exact passage · from the dissent
   e.g. State v. Collier · In Re Continental Airlines, Inc.

3. “[T]he rule has remained essentially unchanged in nearly one hundred fifty years: It is axiomatic that on remand for further proceedings after decision by an appellate court, the trial court must proceed in accordance with the mandate and the law of the case as established on appeal. A trial court must implement both the letter and spirit of the mandate, taking into account the appellate court's opinion and the circumstances it embraces.”

   4 later decisions quote this exact passage · from the dissent
   e.g. Federated Rural Elec. Ins. v. Arkansas Elec. Cooperatives · Ute Indian Tribe v. State of Utah