Smoot v. Fox’s Empirical Analysis
353 F.2d 830 · 1965
Citation profile
30 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 61 later decisions — most recently August 2023 · most notably 13 Cal. 3d 652 - Wilson v. Superior Court (1975), Lee v. Southern Home Sites Corp. (1970)
30 federal appellate · 4 district · 4 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 · Vaughan v. Atkinson · Pennekamp v. Florida · Konigsberg v. State Bar of Cal.
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The reasoning behind the rule where the action is dismissed without prejudice is to compensate the defendant for expenses in preparing for trial in the light of the fact that a new action may be brought in another forum....A dismissal with prejudice, however, finally terminates the cause and the defendant cannot be made to defend again.””
4 later decisions quote this exact passage“[t]he cases permit allowance of attorney's fees against the dismissing party....”
2 later decisions quote this exact passage““We asked counsel for respondent at the oral argument if he could cite a single ease where the Federal Courts had ever made such an allowance, and he was unable to do so. The fact that counsel could not support his contention with pertinent authority is fairly good proof that it lacks merit.” 353 F.2d at 832 .”
1 later decision quote this exact passage
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.