Streit v. Bushnell’s Empirical Analysis
2006
Citation profile
7
cited by 7 later decisions
December 2018
most recently cited
1 district ·
Relationships
Relies on Conley v. Gibson · Swierkiewicz v. Sorema N. A. · Cosmas v. Hassett · Joel Rothman v. Andrew Gregor · Jaghory v. New York State Department of Education
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is not uncommon for litigants to amend pleadings in response to deficiencies pointed out by an adversary or even by the Court, either before a dispositive motion is filed or in response to a ruling on a motion that grants leave to replead and offers specific guidance as to how any flaws in the pleadings may be cured to survive dismissal. Some such corrective amendments serve a useful purpose in avoiding unnecessary motion practice. Not surprisingly, some later pleadings made in this context necessarily may be at odds with allegations the party asserted in the original pleadings. It would be a harsh rule of law indeed if a litigant were to change a statement in an amended pleading to repair a weakness cited by an adversary or by the Court, only to have the case dismissed because the conforming change in some way may conflict with an allegation in the earlier pleadings. Contrary to such a result, Rule 8(e) explicitly permits litigants, even within the same pleadings, to “state as many separate claims or defenses as the party has regardless of consistency. ” Fed.R.Civ.P. 8(e) (emphasis added). And Rule 15, after authorizing amendments of pleadings as-of-right within a specified period, provides for amendments with permission of the court and instructs that “leave shall be freely given when justice so requires.” Fed.R.Civ.P. 15(a). ... This Court finds the circumstances of the instant case distinguishable and thus declines to follow Wallace . The factual change at issue in Wal”
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.