Pence v. United States’s Empirical Analysis
316 U.S. 332 · 1942
Citation profile
183 federal appellate · 27 district · 11 state decisions
How this case has been cited
Cited by 319 later decisions (12 by the Supreme Court) — most recently October 2013 · most notably Brady v. Southern Railway Co. (1943), Galloway v. United States (1943)
183 federal appellate · 27 district · 11 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.
Appellate journey
reviewedPence v. United States (from Seventh Circuit Court of Appeals)
Relationships
Applies 38 U.S.C. § 512
Relies on Stipcich v. Metropolitan Life Insurance · Agnew v. United States · Chesapeake Ry Co v. Martin · Mutual Life Insurance Co. of New York v. Hilton-Green · Claflin v. Commonwealth Insurance
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 319 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Pence’s representations in the application were not evidence of their own veracity. His later contrary statements were repeated, and usually under oath; they are in no way improbable, and are the statements of one who, being himself a doctor, spoke with knowledge of the subject and bearing of his statements. His admissions left no room for conjecture as to the falsity of the previous statements in the application, and of his knowledge of such falsity. From these facts the requisite intent to defraud is presumed, and therefore need not be proven in the absence of countervailing evidence. Materiality and reliance were conclusively established by evidence introduced at the trial, if indeed such proof were needed.””
2 later decisions quote this exact passage · from the majority“(1) a false representation (2) in reference to a material fact (3) made with knowledge of its falsity (4) and with the intent to deceive (5) with action taken in reliance upon the representation.”
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.