Manuel Ellis v. Victor M. Carter’s Empirical Analysis
328 F.2d 573 · 1964
Citation profile
18 federal appellate · 6 district · 20 state decisions
How this case has been cited
Cited by 53 later decisions — most recently August 2007 · most notably Securities & Exchange Commission v. Murphy (1980), 81 Ill. 2d 151 - Kokinis v. Kotrich (1980)
18 federal appellate · 6 district · 20 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 Ellis v. Carter · Nuelsen v. Sorensen · Bach v. Friden Calculating Mach. Co. · Schad v. Twentieth Century-Fox Film Corp.
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“". . . [T]he trial court was not required to deny the 41 (b) motion even if the evidence, viewed in a light most favorable to the plaintiff, made a prima facie case. If, from the record as it stood at the close of plaintiff's case, the court was convinced that the evidence preponderated against Ellis, it was empowered to grant Carter's motion."”
4 later decisions quote this exact passage · from the majority“(b) INVOLUNTARY DISMISSAL: EFFECT THEREOF.... After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52(a)....”
2 later decisions quote this exact passage · from the majority“After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the grounds that upon the facts and the law the plaintiff has shown no right to relief.”
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.