Narey v. Dean’s Empirical Analysis
32 F.3d 1521 · 1994
Citation profile
70 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 180 later decisions — most recently March 2019 · most notably Access Now, Inc. v. Southwest Airlines Co. (2004), In Re: Seymour Markowitz, Debtor. Seymour Markowitz v. Carolyn Campbell (1999)
70 federal appellate · 3 district · 1 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. § 2074
Relies on Cleveland Board of Education v. Loudermill · District of Columbia Court of Appeals v. Feldman · United States v. Utah Construction & Mining Co. · University of Tennessee v. Elliott · Liberty Mutual Insurance v. Wetzel
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 180 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, an appellate court will consider an issue not raised in the district court if it involves a pure question of law, and if refusal to consider it would result in a miscarriage of justice. Second, the rule may be relaxed where the appellant raises an objection to an order which he had no opportunity to raise at the district court level. Third, the rule does not bar consideration by the appellate court in the first instance where the interest of substantial justice is at stake. Fourth, a federal appellate court is justified in resolving an issue not passed on below ... where the proper resolution is beyond any doubt. Finally, it may be appropriate to consider an issue first raised on appeal if that issue presents significant questions of general impact or of great public concern.”
4 later decisions quote this exact passage · from the majority“[A]ppellate courts generally will not consider an issue or theory that was not raised in the district court.”
4 later decisions quote this exact passage · from the majority“only the state's refusal to provide a means to correct any error resulting from the bias [that] would engender a procedural due process violation.”
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.