Fisher v. Bybee’s Empirical Analysis
2004
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2025 · most notably Archuleta v. Galetka (2011), Kimball v. Kimball (2009)
30 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 Bischel v. Merritt · Tcherepnin v. Franz · Franklin Covey Client Sales, Inc. v. Melvin · Lund v. Brown · Otteson v. State, Department of Human Services, Office of Social Services
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“because most are equitable in nature, saturated with facts, and call upon judges to apply fundamental principles of fairness that do not easily lend themselves to appellate review.”
11 later decisions quote this exact passagee.g. Kimball v. Kimball · Brady v. Park“... has general application to the activities of counsel and parties .... [the other forms of unintentional conduct that rule 60(b)(1) deems eligible to be considered as grounds to set aside a judgment-ingdvertence, surprise, and excusable neglect-are aptly suited to describe cireumstances which might befall counsel or parties. Those afflicted by these cireumstances are also best suited to explain them to a court in a motion for relief under rule 60(b)(1). Fisher v. Bybee, 2004 UT 92, ¶ 12 , 104 P.3d 1198 (emphasis added); see also Yapp v. Excel Corp., 186 F.3d 1222, 1231 (10th Cir.1999) (”
2 later decisions quote this exact passage“We will generally reverse a [lower] court's denial of a rule 60(b) motion only where the court has exceeded its discretion.”
2 later decisions quote this exact passage
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.