Leavitt v. Scott’s Empirical Analysis
338 F.2d 749 · 1964
Citation profile
10 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 13 later decisions — most recently January 1998
10 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
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Smith v. Sperling · Barnes v. Smith · Mid-Continent Pipe Line Co. v. Whiteley
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At the time of Scott’s accident, March 6, 1962, he owned a home at Moab, Utah, in which he resided with his wife and children. After his attempt and failure to return to and perform his original employment he was advised by his doctor, as a therapeutic measure, to seek outdoor work of an undemanding nature requiring a minimum of responsibility. In August of 1962 he obtained a job as a hand upon a Colorado ranch and in September the entire Scott family moved to Coil-bran, Colorado. The change of locale and the simplicity of work did not benefit Scott’s condition, his mental perplexity and lack of memory persisted, and in October, 1963, the family moved back to Moab, Utah. The defendant Leavitt is a citizen of Utah. At the time of the accident and at the time of trial the plaintiff was a citizen of Utah. This action was commenced January 25,1963, at which time the plaintiff was residing in Colorado. The trial court specifically and specially found that in January of 1963 Scott was a citizen of Colorado and that the required diversity of citizenship conferred jurisdiction upon the court. We find the evidence to be substantial when considered in its most favorable aspect in support of the finding and consequently that the finding is not clearly erroneous. Rule 52(a), Fed.R. Civ.P. The motive of the family move to Colorado is not disputed — it was made upon medical advice for the potential benefit .of Mr. Scott’s health. The evidence indicates an intent for permanent change, depen”
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.