Miller v. Brazel’s Empirical Analysis
300 F.2d 283 · 1962
Citation profile
51 federal appellate · 5 state decisions
How this case has been cited
Cited by 57 later decisions — most recently May 2011 · most notably The Boeing Company v. Daniel C. Shipman (1969), Prebble v. Gordon Brodrick (1976)
51 federal appellate · 5 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
Applies 28 U.S.C. § 1 (Bankruptcy Judgeship Act of 1992)
Relies on Baldonado v. California · Atlas Building Products Co. v. Diamond Block & Gravel Co. · Justheim Petroleum Company, a Corporation v. Laurence Hammond and C. D. Flournoy and Milford Giffin, a Partnership Doing Business as Flournoy and Giffin, Clarence I. Justheim v. Laurence Hammond and C. D. Flournoy and Milford Giffin, a Partnership Doing Business as Flournoy and Giffin · Swanson v. Martin
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The issues were fixed and determined by the pretrial order, which specifically recites that such order shall govern and control the course of the trial and may not be amended except by consent of the parties or by order of the court to prevent manifest injustice in conformity with Rule 16 (6), Federal Rules of Civil Procedure, 28 U.S.C.A. The injection of the theory of res ipsa loquitur into the case came too late, and in the absence of an agreement between the parties, or an order permitting amendment of the pretrial order to include the issue, in order to prevent manifest injustice, the court properly rejected the requested instruction and refused to submit the case on that theory."”
1 later decision quote this exact passage · from the majority“The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.”
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.