215 F. Supp. 2d 414 - Devino v. Duncan’s Empirical Analysis
2002
Citation profile
2 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Duncan v. Walker · Agostini v. Felton Chancellor Board of Education of the City of New York · George Duncan Superintendent Great Meadow Correctional Facility v. Sherman Walker · Nemaizer v. Baker · Ross v. Artuz
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the new law is “beyond any question inconsistent” with the earlier decision; (2) whether the moving party notified the court of a pending case or motion that may alter the decisional law; (3) whether “substantial” time had elapsed between the earlier decision and the pending motion; and (4) whether the equities strongly favor the moving party.”
2 later decisions quote this exact passage · from the concurrence“Rule 60(b) sets forth the grounds on which a court can rescind or amend a final judgment or order. Rule 60(b) “should be broadly construed to do substantial justice, yet final judgments should not be lightly reopened.” Nemaizer v. Baker, 793 F.2d 58, 61 (2d Cir.1986) (citations omitted). Relief from a final judgment under Rule 60(b) is “extraordinary judicial relief’ and may be granted “only upon a showing of exceptional circumstances.” Id. A motion seeking relief pursuant to Rule 60(b) is addressed to the sound discretion of the district court. Id.”
1 later decision quote this exact passage · from the majority“'Although a voluntary dismissal without prejudice ... does not have preclusive effect on later claims, such a dismissal is a final judgment in the sense that it ends the pending action.’ ”) (citation omitted). 6 . citing Black's Law Dictionary 1204 (6th ed.1990); Black's Law Dictionary 1221 (7th ed.1999) (defining “proceeding” alternatively as”
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.