Singer v. Dorr’s Empirical Analysis
1967
Citation profile
9 federal appellate · 3 state decisions
How this case has been cited
Cited by 23 later decisions — most recently January 1995
9 federal appellate · 3 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 Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp. · Gillespie v. United States Steel Corp. · Weyerhaeuser Steamship Co. v. Nacirema Operating Co. · Crumady v. the Joachim Hendrik Fisser · Reed v. Steamship Yaka
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * Although it is true that in many of the shipowner-stevedore cases, including Caswell (Strachan), supra, the shipowner does tender the defense, we cannot see that the tender is critical. * * * It may well be, of course, that if the third-party defendant offers to defend against the plaintiff’s claim, and that offer is rejected by the defendant, there can be no recovery of attorneys’ fees, since the expense could have been avoided at no cost to the original defendant in those circumstances. * * * But the third-party defendant should not be allowed to oppose the claim against him and then later be heard to imply that he would have accepted the defense to plaintiff’s claim had it been tendered — for the third-party defendant to assume the defense, it would have to admit, for purposes of the third-party claim, its liability to defendant. Thus, rather than insist on a formal tender of the defense, we think it fair to consider the third-party claim and request for attorneys’ fees as an implied invitation to the third-party defendant to admit its liability on the third-party claim and to offer to defend against the plaintiff’s claim, and conclude that the third-party claim, in and of itself, without a formal tender of the defense, is sufficient action by the defendant to permit its recovery of attorneys’ fees. Expressed differently, the burden is on the third-party defendant to offer to defend (or to accept a tender of the defense if made) in order to avoid imposition of liabi”
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.