Weissinger v. United States’s Empirical Analysis
423 F.2d 795 · 1970
Citation profile
66 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 99 later decisions — most recently February 2015 · most notably Kaspar Wire Works, Inc. v. Leco Engineering & Machine, Inc. (1978), Fernandez-Montes v. Allied Pilots Ass'n (1993)
66 federal appellate · 2 district · 7 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 Costello v. United States · Great Lakes Dredge & Dock Co. v. Huffman · Boire v. Greyhound Corp. · Hughes v. United States · Durham v. Florida East Coast Railway Co.
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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him.... Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19,”
2 later decisions quote this exact passage · from the majority“[w]hen the defendant makes a Rule 41(b) motion to dismiss for insufficiency of the plaintiff's evidence it becomes the duty of the court to weigh and evaluate the evidence.”
2 later decisions quote this exact passage · from the majority“After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of facts may then determine them and render judgment against the plaintiff or may decline to render judgment until the close of all the evidence.”
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.