Payne v. Milwaukee County’s Empirical Analysis
288 F.3d 1021 · 2002
Citation profile
7 federal appellate · 2 state decisions
Relationships
Applies 17 U.S.C. § 505 (§ 101 of the Copyright Act of 1976) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Hensley v. Eckerhart · Christiansburg Garment Co. v. Equal Employment Opportunity Commission · Newman v. Piggie Park Enterprises, Inc. · Fogerty Fantasy Inc · Marek v. Chesny
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“as long as the case continues — whether there be a first, second or third trial — and the defendant makes no further offer, his first and only offer will operate to save him the costs from the time of that offer if the plaintiff ultimately obtains a judgment less than the sum offered.”
1 later decision quote this exact passage · from the majoritye.g. Pouillon v. Little“a plaintiff's argument that a defendant's Rule 68 offer is inoperative if it is not renewed after an appeal and remand). The Advisory Committee Notes to the 1946 Amendment to Rule 68 address this precise issue and state that”
1 later decision quote this exact passage · from the majoritye.g. Pouillon v. Little“Rule 68 does provide otherwise, by explicitly calling for the plaintiff to bear the defendant's costs if the final judgment is less favorable than the offer.”
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.