Brown v. Gerdes’s Empirical Analysis
321 U.S. 178 · 1944
Citation profile
81 federal appellate · 15 district · 33 state decisions
How this case has been cited
Cited by 284 later decisions (15 by the Supreme Court) — most recently July 2017 · most notably Charles Dowd Box Co. v. Courtney (1962), Wolf v. Weinstein (1963)
81 federal appellate · 15 district · 33 state decisions — followed in 10 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.
Relationships
Applies 11 U.S.C. § 501
Relies on Mondou v. New York, New Haven & Hartford Railroad · Case v. Los Angeles Lumber Products Co. · Continental Illinois Nat Bank Trust Co of Chicago v. Chicago R I & P Ry Co · Garrett v. Co · Kalb v. Feuerstein
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 284 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘[T]he state courts must make no hostile discrimination against litigants who come within the [federal] act in question; . . . they must treat litigants under the Federal act as other litigants are treated; . . . they are to act in conformity with their general principles of practice and procedure and are not to deny jurisdiction merely because the right of action arises under the act of Congress.’ [Citation.] *** ![R]ights, whether legal or equitable, acquired under the laws of the United States, may be prosecuted in the United States courts, or in the State courts, competent to decide rights of the like character and class ***.’ [Citation.] Whether a state court is ‘competent to decide rights of the like character and class,’ *** whether a state court can take jurisdiction[,] and what the incidents of the litigation should be — all these are matters wholly within the control of the State creating the court and without the power of Congress. [Citation.] *** Congress may avail itself of state courts for the enforcement of federal rights, but it must take the state courts as it finds them, subject to all the conditions for litigation in the state courts that the State has decreed for every other litigant who seeks access to its courts.” Brown, 321 U.S. at 189-90 , 88 L. Ed. at 666 , 64 S. Ct. at 492-93 (Frankfurter, J., concurring).”
1 later decision quote this exact passage · from the concurrence“[A]ll payments made or promised by the debtor or by a corporation issuing securities or acquiring property under the plan or by any other person, for services and for costs and expenses in, or in connection with, the proceeding or in connection with the plan and incident to the reorganization, have been fully disclosed to the judge and are reasonable or, if to be fixed after confirmation of the plan will be subject to the approval of the judge;”
1 later decision quote this exact passage · from the majority“And Ch. X of the Chandler Act which took the place of § 77B set up even more comprehensive supervision over compensation and allowances (H.Rep.No. 1409, 75th Cong. 1st Sess., pp. 45-46) and provided a centralized control over all administrative expenses, of which lawyers' fees are a part”
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.