Link Aviation, Inc. v. Downs’s Empirical Analysis
325 F.2d 613 · 1963
Citation profile
22 federal appellate · 9 district · 21 state decisions
How this case has been cited
Cited by 65 later decisions — most recently March 2021 · most notably Pittston Stevedoring Corporation and the Home Insurance Company v. Anthony Dellaventura, and Director, Office of Workers' Compensation Programs, United States Department of Labor., Northeast Marine Terminal Company, Inc., Employer, and State Insurance Fund, Carrier v. Ralph Caputo, and Director, Office of Workers' Compensation Programs, U.S.D.L., Pittston Stevedoring Corporation v. John Scaffidi and Director, Office of Workers' Compensation Programs, U.S.D.L., International Terminal Operating Company, Inc., Self-Insured Employer v. Carmelo Blundo, and Director, Office of Workers' Compensation Programs, U. S. D. L. (1976), John Staren and David Henner v. American National Bank and Trust Company of Chicago, a Corporation (1976)
22 federal appellate · 9 district · 21 state decisions — followed in 13 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
Relies on United States v. Aetna Casualty & Surety Co. · Public Utilities Commission v. Pollak · American Fidelity & Casualty Co. v. All American Bus Lines, Inc. · Gas Service Co. v. Hunt
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[wjhenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading .... ””
4 later decisions quote this exact passage · from the majority“[a]ny other rule would be highly technical without meaningful purpose”
3 later decisions quote this exact passage · from the majority“"We think, however, that the suit must be construed as having been brought by the insureds for the use of the insurers who had then become subrogated to the rights of the nominal plaintiffs. American Fid. & Cas. Co. v. All American Bus Lines, 190 F.2d 234 (10th Cir.), cert. denied, 342 U.S. 851 , 72 S.Ct. 79 , 96 L.Ed. 642 (1951); Kansas Elec. Power Co. of Leavenworth, Kansas v. Janis, 194 F.2d 942 (10th Cir. 1952). Plaintiffs in other words were not suing for double recovery but to recover for the insurers what the latter had paid.... We are of like opinion, that is to say that though brought in the name of the insureds, this suit was not a nullity, since, as we hold, it was brought for the use of the real parties in interest." 325 F.2d at 614-615 .”
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.