Miller v. Shell Oil Co.’s Empirical Analysis
345 F.2d 891 · 1965
Citation profile
20 federal appellate · 33 district · 8 state decisions
How this case has been cited
Cited by 76 later decisions — most recently March 2019 · most notably Kauffman v. Moss (1970), Hutchinson v. Pfeil (1997)
20 federal appellate · 33 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.
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Rule 12(b), a defendant may raise an affirmative defense by a motion to dismiss for the failure to state a claim. If the defense appears plainly on the face of the complaint itself, the motion may be disposed of under this rule.”
9 later decisions quote this exact passage · from the majority“"Clearly, from the record. Shell properly raised a defense of res judicata by motion, but, we cannot say that the fact which would make the defense good appear plainly upon the face of the complaint. In order to justify the granting of the motion to dismiss the court must have considered evidentiary matter outside the complaint."”
1 later decision quote this exact passage · from the majority“regardless of what action was later taken by the court upon it.”
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.