19 F. Supp. 2d 1316 - Plant v. Does’s Empirical Analysis
1998
Citation profile
How this case has been cited
Cited by 3 later decisions — most recently April 2016
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 Lujan v. Defenders of Wildlife · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Warth v. Seldin · Flast v. Cohen · Arizonans for Official English v. Arizona
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At this point, plaintiffs have no adversaries in this Court. This proceeding has been wholly ex parte. Although the lack of actual defendants has apparently not posed an insurmountable barrier to preliminary injunctive relief in at least sixteen similar federal district court cases, this Court is not so sanguine in an ex parte proceeding. While plaintiffs take comfort in the fact that in those cases, there is usually no challenge to the ex parte relief granted by the Courts; in this Court’s view, the absence of challenges may simply beg the question of whether the proceedings are truly adversary proceedings.... Under these circumstances, this Court doubts “... the existence of a sufficient adversary interest to stimulate the parties to a full presentation of the facts and arguments, which in our adversary system is available only from the parties.” Wright, Miller and Cooper, Federal Practice and Procedure: Jurisdiction s 3530, 164-165. At this time, the instant action is not a justiciable one for purposes of ex parte injunctive relief.”
1 later decision quote this exact passage · from the dissent“Basically, plaintiffs seek through this Court a mechanism under which to seize and impound the allegedly bootleg merchandise to be sold by the unnamed defendants... It would appear, therefore, that this controversy is one which may be more appropriately addressed to the legislative or executive branches.”
1 later decision 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.