Gilbrook’s Empirical Analysis
Citation profile
3 federal appellate · 21 district · 5 state decisions
How this case has been cited
Cited by 159 later decisions — most recently February 2025 · most notably 26 Cal. 4th 572 - Flannery v. Prentice (2001), Jane Doe v. Elroy 'Bud' Glazer (2000)
3 federal appellate · 21 district · 5 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 Harlow v. Fitzgerald · Anderson v. Creighton · Hensley v. Eckerhart · New York Times Co. v. Sullivan · Mt. Healthy City School District Board of Education v. Doyle
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 159 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Section] 1988 requires that attorney fee awards be made directly to the prevailing party, with the ultimate disposition of the award dependent on the contract between the lawyer and the client”
4 later decisions quote this exact passage · from the concurrence“Jury instructions must be formulated so that they fairly and adequately cover the issues presented, correctly state the law, and are not misleading.”
3 later decisions quote this exact passage · from the majority“To make that determination, this court has adopted a three-part test, in which we must examine the totality of the circumstances in which the defendant made the challenged statement. First, we look at the statement in its broad context, which includes the general ten- or of the entire work, the subject of the statements, the setting, and the format of the work. Next we turn to the specific context and content of the statements, analyzing the extent of figurative or hyperbolic language used and the reasonable expectations of the audience in that particular situation. Finally, we inquire whether the statement itself is sufficiently factual to be susceptible of being proved true or false.”
2 later decisions quote this exact passage · from the dissent
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.