In re Delta Air Lines’s Empirical Analysis
310 F.3d 953 · 2002
Citation profile
8 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently June 2025 · most notably Chamberlan v. Ford Motor Co. (2005), Spirit Airlines, Inc. v. Northwest Airlines, Inc. (2005)
8 federal appellate · 1 district · 2 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 Daubert v. Merrell Dow Pharmaceuticals, Inc. · Verizon Communications Inc. v. Federal Communications Commission · United States v. Arvizu · Waste Management Holdings, Inc. v. Mowbray · United States v. Arvizu
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Rule 23(f) appeal should not become a vehicle for early review of a legal theory that underlies the merits of a class action.”
2 later decisions quote this exact passage · from the majority“[M]uch of the defendants’ argument with respect to the class certification decision arises from their disagreement with the district court’s earlier rulings on the motions to dismiss and for summary judgment. They argue that the district court erroneously relied upon the plaintiffs’ characterization of the relevant markets as hub-based rather than treating the monopoly as involving 234 distinct city-pair routes. This difference, they say, cuts against the showings of commonality and typicality necessary to certify a class. However, the district court’s characterization of the markets this way in the class certification decision is closely tied to its decision not to weigh, at this stage of the litigation, the conflicting opinions of the experts. In certifying the class, the court accepted the notion of subclasses and left open for future consideration whether there is a plaintiff class representative for travelers from each and every hub.”
1 later decision quote this exact passage · from the majority“(1) when there is a death-knell situation for either the plaintiff or defendant that is independent of the merits of the underlying claims, coupled with a class certification decision by the district court that is questionable, taking into account the district court’s discretion over class certification; (2) when the certification decision presents an unsettled and fundamental issue of law relating to class actions, important both to the specific litigation and generally, that is likely to evade end-of-the-case review; and (3) when the district court’s class certification decision is manifestly erroneous.”
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.