David v. Caterpillar, Inc.’s Empirical Analysis
324 F.3d 851 · 2003
Citation profile
45 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 126 later decisions — most recently February 2024 · most notably Cichon v. Exelon Generation Co. (2005), Ciomber v. Cooperative Plus, Inc. (2008)
45 federal appellate · 1 district · 2 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 Carole Kolstad v. American Dental Association · U.S. Equal Employment Opportunity Commission v. AIC Security Investigations, Ltd. · Wallace II v. Smc Pneumatics Inc · Emmel v. Coca-Cola Bottling Co. of Chicago · Spray-Rite Services Corp. v. Monsanto Co.
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 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the prejudice or surprise to the party against whom the evidence is offered; (2) the ability of the party to cure the prejudice; (3) the likelihood of disruption to the trial; and (4) the bad faith or willfulness involved in not disclosing the evidence at an earlier date.”
9 later decisions quote this exact passage · from the majority“A party that without substantial justification fails to,supplement responses as required by Rule 26(e) is not, unless such failure is harmless, permitted to use as evidence at a trial, at a hearing, or on a motion any witness or information not so disclosed. In addition to or in lieu of this sanction, the court, on motion and after affording an opportunity to be heard, may impose other appropriate sanctions.”
2 later decisions quote this exact passage · from the majority“Given the district court's thoughtful discussion of this issue, we cannot say”
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.