Swope’s Empirical Analysis
Citation profile
3 state decisions
How this case has been cited
Cited by 21 later decisions — most recently August 2023
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 Celotex Corporation v. Catrett H · First Nat. Bank of Ariz. v. Cities Service Co. · Curtiss-Wright Corporation v. General Electric Company · Firstier Mortgage Co. v. Investors Mortgage Insurance · 397 So. 2d 475 - Bazley v. Tortorich
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is a settled rule in the Fifth Circuit that appellate jurisdiction over a non-final order cannot be created by dismissing the remaining claims without prejudice. This rule originated in Ryan v. Occidental Petroleum Corp., in which a district court granted a defendant’s motion and dismissed the majority of plaintiffs complaint. * * * The Ryan rule is employed by three of our sister circuits. [Footnote 20, citing Cook v. Rocky Mountain Bank Note Co., supra; Chappelle v. Beacon Communications Corp., supra; and State Treasurer v. Barry, 168 F.3d 8 (11th Cir.1999).] But two circuits have adopted a rule directly contrary to that of Ryan . [Footnote 21, citing Hicks v. NLO, Inc., 825 F.2d 118, 120 (6th Cir.1987); and Chrysler Motors Corp. v. Thomas Auto Co., 939 F.2d 538, 540 (8th Cir.1991).] In addition, three circuits have adopted a sort of middle way that requires them to evaluate cases on an individual basis. [Footnote 22, citing Fassett v. Delta Kappa Epsilon, 807 F.2d 1150, 1155 (3d Cir.1986); Horwitz v. Alloy Auto. Co., 957 F.2d 1431, 1435-36 (7th Cir.1992); Dannenberg v. Software Toolworks, Inc., 16 F.3d 1073, 1075 (9th Cir.1994).] Perhaps because of these widely varying approaches, the merits of the Ryan rule were discussed extensively in the Eleventh Circuit opinion of State Treasurer v. Barry. There, a majority of the court defended the Eleventh Circuit’s maintenance of the Ryan rule while Judge Cox, in a special concurrence, urged en banc reconsideration of the rule. ”
2 later decisions quote this exact passage“as a general rule, all claims and issues in a case must be adjudicated before appeal, and a notice of appeal is effective only if it is from a final order or judgment.”
1 later decision quote this exact passagee.g. McLaughlin
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.