Davignon v. Clemmey’s Empirical Analysis
322 F.3d 1 · 2003
Citation profile
40 federal appellate · 34 district · 6 state decisions
How this case has been cited
Cited by 97 later decisions — most recently August 2024 · most notably Marie v. Allied Home Mortgage Corp. (2005), Restoration Preservation Masonry, Inc. v. Grove Europe Ltd. (2003)
40 federal appellate · 34 district · 6 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 Steel Co. v. Citizens for a Better Environment · Osterneck v. Ernst & Whinney · Thompson v. Immigration and Naturalization Service · Agis v. Howard Johnson Co. · Best v. District of Columbia
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(i) the defendant asserts it without undue delay and the plaintiff is not unfairly prejudiced by any delay ... or (ii) the circumstances necessary to establish entitlement to the affirmative defense did not obtain at the time the answer was filed.”
2 later decisions quote this exact passage · from the majority“`whether the record reflects an absolute dearth of evidentiary support for the jury's verdict.'”
2 later decisions quote this exact passage · from the majority“adversely affect[ ] the jury verdict and the 'substantial rights' of the objecting party.”
2 later decisions quote this exact passage
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.