Efw’s Empirical Analysis
Citation profile
1 federal appellate · 15 district · 6 state decisions
How this case has been cited
Cited by 46 later decisions — most recently April 2023 · most notably 95 Cal. App. 4th 1 - Smith v. Hopland Band of Pomo Indians (2002), Wright v. Colville Tribal Enterprise Corp. (2006)
1 federal appellate · 15 district · 6 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 Santa Clara Pueblo v. Martinez · Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. · Holt v. United States · David v. City And County Of Denver · Jojola v. Chavez
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, a party may make a facial challenge to the plaintiffs allegations concerning subject matter jurisdiction, thereby questioning the sufficiency of the complaint. In addressing a facial attack, the district court must accept the allegations in the complaint as true. Second, a party may go beyond allegations contained in the complaint and challenge the facts upon which subject matter jurisdiction depends. In addressing a factual attack, the court does not presume the truthfulness of the complaint’s factual allegations....”
1 later decision quote this exact passage · from the majority“to place significance on bare conclusory allegations ... when, as here, they are not only unsupported by any factual allegations but are in fact contradicted by the factual allegations plaintiffs do make”
1 later decision quote this exact passage · from the majority“Tribal sovereign immunity is a matter of subject matter jurisdiction, which may be challenged by a motion to dismiss under Fed.R.Civ.P. 12(b)(1)”
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.