Sherman v. Curators of the University of Missouri’s Empirical Analysis
16 F.3d 860 · 1994
Citation profile
15 federal appellate · 6 district ·
How this case has been cited
Cited by 29 later decisions — most recently September 2014 · most notably Dover Elevator Co. v. Arkansas State University (1995), Treleven v. University of Minnesota (1996)
15 federal appellate · 6 district ·
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 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Mt. Healthy City School District Board of Education v. Doyle · Edelman v. Jordan · Carnegie v. United States · Trans World Airlines, Inc. v. Independent Federation of Flight Attendants · National Farmers Union Insurance v. Crow Tribe of Indians
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) local law and decisions defining the status and nature of the agency involved in its relation to the sovereign; (2) most importantly, whether the payment of the judgment will have to be made out of the state treasury; (3) whether the agency has the funds or the power to satisfy the judgment; (4) whether the agency is performing a governmental or proprietary function; (5) whether it has been separately incorporated; (6) the degree of autonomy over its operations; (7) whether it has the power to sue and be sued and to enter into contracts; (8) whether its property is immune from state taxation; and (9) whether the sovereign has immunized itself from responsibility for the agency’s operations.”
4 later decisions quote this exact passage · from the majority“'Courts typically look at the degree of local autonomy and control and most importantly whether the funds to pay any award will be derived from the state treasury.'”
4 later decisions quote this exact passage · from the majority“[A governmental entity] cannot create its own eleventh amendment immunity by structuring its resources so as to pay all breach of contract damages out of state funds. Thus, the question on remand is not whether the [entity] chooses to pay contract damages out of state funds, but whether a judgment against the [entity] can be paid from non-state funds under [its] discretionary control.”
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.