Miller v. Avirom’s Empirical Analysis
384 F.2d 319 · 1967
Citation profile
81 federal appellate · 290 state decisions
How this case has been cited
Cited by 395 later decisions — most recently December 2023 · most notably Jordan v. United States Department of Justice (1978), District of Columbia v. Air Florida, Inc. (1984)
81 federal appellate · 290 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 Hormel v. Helvering · United States v. Atkinson · Hotel Employees Local No. 255 v. Leedom · May v. United States
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 395 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In our jurisprudential system, trial and appellate processes are synchronized in contemplation that review will normally be confined to matters appropriately submitted for determination in the court of first resort. Questions not properly raised and preserved during the proceedings under examination, and points not asserted with sufficient precision to indicate distinctly the party’s thesis, will normally be spurned on appeal. Canons of this tenor reflect, not obeisance to ritual, but considerations of fairness to the court and the parties and of the public interest in bringing litigation to an end after fair opportunity has been afforded to present all issues of law and fact.”
28 later decisions quote this exact passage · from the majority“not a right to afford a defeated litigant another day in court because he thinks that if he were given the opportunity to try his case again upon a different theory he might prevail.”
3 later decisions quote this exact passage · from the majority“'enormous confusion and interminable delay,'”
3 later decisions quote this exact passage · from the majoritye.g. Chase v. Gilbert · Doe v. McMillan
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.