Foster v. Herley’s Empirical Analysis
330 F.2d 87 · 1964
Citation profile
39 federal appellate · 7 district · 6 state decisions
How this case has been cited
Cited by 64 later decisions — most recently April 1993 · most notably Thomas E. Foster and Georgia Lee Foster, and Cross-Appellants v. City of Detroit, Michigan, and Cross-Appellee (1968), Brault v. Town of Milton (1975)
39 federal appellate · 7 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 Gully v. First Nat. Bank in Meridian · Palko v. State of Connecticut · Bartkus v. People of State of Illinois · United States v. Causby · Hoffman v. Blaski
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The plaintiff claims a right under the Fourteenth Amendment to the United States Constitution not to be deprived of his property without due process of law and that the acts of the defendant constituted such a deprivation. If the Fourteenth Amendment is so construed, it supports his claim. If it is not so construed, his claim is defeated. The District Court had jurisdiction under Section 1331, Title 28 United States Code, to decide this question. * * * ””
3 later decisions quote this exact passage · from the majority“[T]he City, in causing and permitting the threat of condemnation to hang over the plaintiff’s property, and the foregoing actions of the City over a period of ten years, was an abuse of the power of eminent domain, deprived the plaintiff of the full use and benefit and the right to ownership of the property, amounted to a taking or damaging of his property without due process of law and in violation of his rights under the Fourteenth Amendment to the Constitution of the United States. Foster v. Herley, supra, 330 F.2d at 89 .”
1 later decision quote this exact passage · from the majority“The district courts shall have original jurisdiction of all civil actions wherein the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arises under the Constitution, laws, or treaties of the United States.”
1 later decision quote this exact passage · from the majoritye.g. Simpson v. Utah
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.