Smoot v. Fox’s Empirical Analysis
340 F.2d 301 · 1964
Citation profile
25 federal appellate · 6 district · 8 state decisions
How this case has been cited
Cited by 78 later decisions — most recently August 2023 · most notably Kaspar Wire Works, Inc. v. Leco Engineering & Machine, Inc. (1978), 59 Ohio St. 2d 29 - State ex rel. Potain v. Mathews (1979)
25 federal appellate · 6 district · 8 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 New York Times Co. v. Sullivan · Roche v. Evaporated Milk Ass'n · Bankers Life & Casualty Co. v. Holland · Cardillo v. United States · Ex parte Fahey
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[d]ismissal of an action with prejudice is a complete adjudication of the issues presented by the pleadings and is a bar to a further action between the parties,”
7 later decisions quote this exact passage · from the majority“We know of no power in a trial judge to require a lawyer to submit evidence on behalf of a plaintiff, when he considers he has no cause of action or for any reason wishes to dismiss his action with prejudice, the client being agreeable. A plaintiff should have the same right to refuse to offer evidence in support of his claim that a defendant has.”
1 later decision quote this exact passage · from the majoritye.g. Schwarz v. Folloder“No case has been cited to us, nor have we found any, where a plaintiff, upon his own motion, was denied the right to dismiss his case with prejudice.”
1 later decision quote this exact passage · from the majoritye.g. Wooten v. Hinton
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.