Malacara v. Garber’s Empirical Analysis
353 F.3d 393 · 2003
Citation profile
9 federal appellate · 2 state decisions
How this case has been cited
Cited by 156 later decisions — most recently September 2024 · most notably Jackson v. Cal-Western Packaging Corp. (2010), Smith v. United States (2004)
9 federal appellate · 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 29 U.S.C. § 1801 (Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 1802 (Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 1803 (Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 7 U.S.C. § 2041 · 8 U.S.C. § 1188 (§ 218 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Skidmore v. Swift & Co. · Christensen v. Harris County · Lee v. Brown
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 156 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]hen evidence exists in the summary judgment record but the nonmovant fails even to refer to it in the response to the motion for summary judgment, that evidence is not properly before the district court.”
10 later decisions quote this exact passage · from the majority“Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party's opposition to summary judgment.”
5 later decisions quote this exact passage · from the majority“[T]he nonmovant must submit or identify evidence in the record to show the existence of a genuine issue of material fact as to each element of the cause of action.”
2 later decisions 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.