Neirbo Co. v. Bethlehem Shipbuilding Corp.’s Empirical Analysis
308 U.S. 165 · 1939
Citation profile
496 federal appellate · 246 district · 151 state decisions
How this case has been cited
Cited by 1,793 later decisions (60 by the Supreme Court) — most recently July 2024 · most notably Gulf Oil Corporation v. Gilbert (1947), Skelly Oil Co. v. Phillips Petroleum Co. (1950)
496 federal appellate · 246 district · 151 state decisions — followed in 28 states
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.
Appellate journey
reviewedNeirbo Co. v. Bethlehem Shipbuilding Corp. (from Second Circuit Court of Appeals)
Relationships
Relies on United Mine Workers of America v. Coronado Coal Co · General Inv Co v. Lake Shore & M S Ry Co · Ex Parte Shaw · Bank of Augusta v. Earle
Cited together with International Shoe Co. v. Washington · Commercial Casualty Ins Co v. Consolidated Stone Co · Olberding v. Illinois Central Railroad · Ex parte Schollenberger · Oklahoma Packing Co. v. Oklahoma Gas & Electric Co.
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 1,793 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“may be lost by failure to assert it seasonably, by formal submission in a cause, or by submission through conduct.”
31 later decisions quote this exact passage · from the majority“that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant.”
8 later decisions quote this exact passage · from the majority““ * * * The scope and meaning of such a designation as part of the bargain by which Bethlehem enjoys the business freedom of the State of New York, have been authoritatively determined by the Court of Appeals, speaking through Judge Cardozo: ‘ The stipulation is, therefore, a true contract. The person designated is a true agent. The consent that he shall represent the corporation is a real consent. He is made the person “upon whom process against the corporation may be served. ” * * * The contract deals with jurisdiction of the person. It does not enlarge or diminish jurisdiction of the subject-matter. It means that whenever jurisdiction of the subject-matter is present, service on the agent shall give jurisdiction of the person.’ Bagdon v. Philadelphia & R. Coal & I. Co., 217 NY 432, 436, 437 , 111 NE 1075 , LRA 1916F, 407 Ann Cas 1918A, 389. A statute calling for such a designation is constitutional, and the designation of the agent ‘a voluntary act.’ Pennsylvania F. Ins. Co. v. Gold Issue Min. & Mill. Co., 243 US 93 , 61 L ed 610, 37 S Ct 344 .””
2 later decisions 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.