Smith v. Benedict’s Empirical Analysis
279 F.2d 211 · 1960
Citation profile
20 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 32 later decisions — most recently February 2016 · most notably Swanson ex rel. Peoria Service Co. v. American Consumer Industries, Inc. (1975), United States v. Mehrmanesh (1980)
20 federal appellate · 1 district · 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 Cohen v. Beneficial Industrial Loan Corp. · Catlin v. United States · Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A. · Asher v. Ruppa · Connell v. Dulien Steel Products, Inc.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Judgment Upon Multiple Claims or Involving Multiple Parties "When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.”
1 later decision quote this exact passage · from the majority“[a]n order merely striking one of several defenses, leaving others on the record, and granting leave to amend, is not a 'final' decision within the meaning of 28 U.S.C.A. § 1291”
1 later decision quote this exact passage · from the majority“[t]he term 'claim' ... upon which an appealable judgment may be entered [is] defined as a cause of action.”
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.