In re Benjamin Moore & Co.’s Empirical Analysis
318 F.3d 626 · 2002
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 50 later decisions — most recently November 2021 · most notably Schiller v. Physicians Resource Group Inc. (2003), Prempro Products Liability Litigation v. Wyeth (2010)
7 federal appellate ·
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 Tapscott v. MS Dealer Service Corp. · Cohen v. Office Depot, Inc. · Tillman v. CSX Transportation, Inc. · Louis Doleac United States of America v. Arne Michalson et al.
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“decision [regarding misjoinder] is not independently reviewable under the collateral order doctrine.”
2 later decisions quote this exact passage · from the majority“Thus, without distracting from the force of the Tapscott principle that fraudulent misjoinder of plaintiffs is no more permissible than fraudulent misjoinder of defendants to circumvent diversity jurisdiction, we do not reach its application in this case.”
1 later decision quote this exact passage · from the majority“(1) an intervening change in controlling law; (2) the availability of new evidence not previously available; or (3) the need to correct a clear error of law or prevent manifest injustice.”
1 later decision quote this exact passage · from the majoritye.g. In re Baribeau
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.