← 290 F.3d 567 - Delaware River Port Authority v. Fraternal Order of Police

Delaware River Port Authority v. Fraternal Order of Police’s Empirical Analysis

290 F.3d 567 · 2002

Citation profile

cited by 69 later decisions

states following

May 2019

most recently cited

15 federal appellate · 8 district · 5 state decisions

Relationships

Relies on Allen v. McCurry · Parklane Hosiery Co. v. Shore · Montana v. United States · Kremer v. Chemical Construction Corp. · Federated Department Stores, Inc. v. Moitie

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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“(1) An issue decided in a prior action is identical to one presented in a later action; (2) The prior action resulted in a final judgment on the merits; (3) The party against whom collateral estoppel is asserted was a party to the prior action, ... (4) The party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the prior action.”
7 later decisions quote this exact passage · from the dissent
e.g. Alevras v. Tacopina · 414 N.J. Super. 507 - Gannon v. American Home Products
“(1) the particular issue to be precluded is identical to the issue decided in the previous proceeding; (2) the issue was actually litigated in the prior action, i.e., there was a full and fair opportunity to litigate the issue in the prior action; (3) a final judgment on the merits was issued in the prior proceeding; (4) the determination of the issue was essential to the prior judgment; and (5) the party against whom preclusion is asserted was a party to or in privity with a party to the earlier proceeding.”
1 later decision quote this exact passage · from the majority
e.g. In Re LymeCare, Inc.
“State courts may answer federal questions. The unions and the DRPA agreed to litigate this issue of federal law in New Jersey courts. If those courts answered federal questions erroneously, it remained for state appellate courts, and ultimately for the United States Supreme Court, to correct any mistakes.”
1 later decision quote this exact passage · from the dissent
e.g. International Union of Operating Engineers, Local 542 v. Delaware River Joint Toll Bridge Commission

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.