Barrett’s Empirical Analysis
Citation profile
16 district · 3 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 2022 · most notably 153 F. Supp. 2d 23 - Niedermeier v. Office of Baucus (2001), DeWit v. Firstar Corp. (1995)
16 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 Hishon v. King & Spalding · Colorado River Water Conservation District v. United States · Cooter & Gell v. Hartmarx Corp. · National Union Fire Insurance v. Helfand · Indelicato v. United States
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.
“[b]y presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney ... is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,— (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; [and] (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;....”
1 later decision quote this exact passage · from the majority“allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory” (citation omitted) (internal quotation marks omitted)); see also Barrett v. Tallon, 30 F.3d 1296, 1299 (10th Cir.1994) (“A complaint should not be dismissed under Rule 12(b)(6) merely because plaintiff's allegations do not support the legal theory he intends to proceed on, ... and certainly not when other theories are apparent on the face of the complaint.”). . See Reno v. Flores, 507 U.S. 292, 302 , 113 S.Ct. 1439 , 123 L.Ed.2d 1 (1993) (”
1 later decision quote this exact passage · from the majority“[The district court correctly observed that the plaintiffs attempted 'to dress a garden-variety state fraud and/or conversion case in RICO clothing'.”
1 later decision quote this exact passage · from the majoritye.g. Miskovsky v. State
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.