Roth v. Hyer’s Empirical Analysis
142 F.2d 227 · 1944
Citation profile
47 federal appellate · 3 district · 13 state decisions
How this case has been cited
Cited by 75 later decisions — most recently February 2020 · most notably Swofford v. B & W, Inc. (1964), Walton v. Eaton Corp. (1977)
47 federal appellate · 3 district · 13 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 Roth v. Hyer
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * By Rule 38(b) and (d) the right of jury trial of an issue is waived unless a demand for it is made not later than ten days after the service of the last pleading directed to such issue. We do not think the right to make a demand is revived by the reversal of a case for a new trial, nor by a belated amendment of pleadings touching the same general issue.”
2 later decisions quote this exact passage · from the majority““(b) By the Court. Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.””
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.