Foster v. Medina’s Empirical Analysis
170 F.2d 632 · 1948
Citation profile
22 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 47 later decisions — most recently September 1995 · most notably In re Union Leader Corp. (1961), Burton S. Knapp v. John P. Kinsey (1956)
22 federal appellate · 4 district · 1 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 18 U.S.C. § 2385
Relies on Berger v. United States · In re Lisman
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Bias or prejudice of judge “Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding. The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.””
1 later decision quote this exact passage · from the majority““The test for determining the sufficiency of an affidavit of personal bias and prejudice was laid down by the Supreme Court in Berger v. United States, 255 U.S. 22 , at page 33, 41 S.Ct. 230 , at page 233, 65 L.Ed. 481 as follows: ‘Of course the reasons and facts for the belief the litigant entertains are an essential part of the affidavit, and must give fair support to the charge of a bent mind that may prevent or impede impartiality of judgment.’ See also In re Lisman, 2 Cir., 89 F.2d 898, 899 .””
1 later decision quote this exact passage · from the majority“[t]he fair meaning of any remark must be interpreted in the light of the context in which it is uttered.”
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.