Marks v. Spitz’s Empirical Analysis
1945
Citation profile
2 federal appellate · 3 district · 5 state decisions
How this case has been cited
Cited by 24 later decisions — most recently December 2021
2 federal appellate · 3 district · 5 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 In re Monongahela Rye Liquors, Inc. · United States v. White · 58 F. Supp. 235 - Gilbert v. Thierry · 25 F. Supp. 700 - United States Ex Rel. Foster Wheeler Corp. v. American Surety Co. · 28 F. Supp. 279 - Eastern States Petroleum Co. v. Asiatic Petroleum Corp.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where the counterclaim is in the nature of set-off, and is used defensively rather than affirmatively, no separate federal jurisdictional basis for the set-off need be established. . . . It is a counter-demand which a defendant has against the plaintiff arising out of a transaction extrinsic to that out of which the primary claim arose. . . . The claim must be liquidated or capable of liquidation and grow out of a contract or judgment.” (citations omitted)”
1 later decision quote this exact passage · from the majority“out of the transaction or occurrence that is the subject matter of the opposing party's claim”
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.