Ross v. Bernhard’s Empirical Analysis
1970
Citation profile
643 federal appellate · 245 district · 358 state decisions
How this case has been cited
Cited by 2,391 later decisions (36 by the Supreme Court) — most recently September 2024 · most notably Parklane Hosiery Co. v. Shore (1979), Granfinanciera, S.A. v. Nordberg (1989)
643 federal appellate · 245 district · 358 state decisions — followed in 40 states
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.
Appellate journey
reviewedHoward Ross and Bernard Ross, as Trustees for Lena Rosenbaum v. Robert A. Bernhard (from Second Circuit Court of Appeals)
Relationships
Applies 28 U.S.C. § 1292 · 28 U.S.C. § 2072
Relies on Cohen v. Beneficial Industrial Loan Corp. · Ashwander v. Tennessee Valley Authority · Beacon Theaters Inc v. C Westover · Dairy Queen, Inc. v. Wood
Cited together with Dairy Queen, Inc. v. Wood · Beacon Theaters Inc v. C Westover · Curtis v. Loether · Granfinanciera, S.A. v. Nordberg · Simler v. Conner
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 2,391 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Seventh Amendment question depends on the nature of the issue to be tried rather than the character of the overall action.”
89 later decisions quote this exact passage · from the majority“pre-merger custom with respect to such questions”
49 later decisions quote this exact passage · from the dissent““The trial by jury is justly dear to the American people. It has always been an object of deep interest and solicitude, and every encroachment upon it has been watched with great jealousy. The right to such a trial is, it is believed, incorporated into, and secured in every state constitution in the union; and it is found in the constitution of Louisiana. One of the strongest objections originally taken against the constitution of the United States, was the want of an express provision securing the right of trial by jury in civil cases. As soon as the constitution was adopted, this right was secured by the seventh amendment of the constitution proposed by Congress; and which received an assent of the people so general, as to establish its importance as a fundamental guarantee of the rights and liberties of the people. This amendment declares, that ‘In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact once tried by a jury shall be otherwise re-examinable in any Court of the United States, than according to the rules of the common law.’ At this time there were no states in the union, the basis of whose jurisprudence was not essentially that of the common law in its widest meaning; and probably no states were contemplated, in which it would not exist. The phrase ‘common law,’ found in this clause, is used in contradistinction to equity, and admiralty, and maritime jurisprudence. ... By comm”
13 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.