Scherer v. Scherer’s Empirical Analysis
1982
Citation profile
68 state decisions
How this case has been cited
Cited by 70 later decisions — most recently September 2021 · most notably Simeone v. Simeone (1990), Brooks v. Brooks (1987)
68 state decisions — followed in 14 states
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 Nasco, Inc. v. Gimbert · Reynolds v. Reynolds · Nally v. Nally · Fricke v. Fricke · Vereen v. Vereen
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the trial judge should employ basically three criteria in determining whether to enforce such an agreement in a particular case: (1) was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) is the agreement unconscionable? (3) [h]ave the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable?”
8 later decisions quote this exact passage“[t]he enforceability of antenuptial agreements is, of course, a matter of public policy”
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.