Evans v. Buchanan’s Empirical Analysis

Citation profile

4 federal appellate · 21 district · 5 state decisions

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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the above criteria must be applied individually to the facts of this case, the ultimate decision by the Court must be made in light of all the criteria, unless the movant's claim is so palpably devoid of any showing of irreparable injury or probability of a successful appeal that further consideration of other factors would be futile. See Evans v. Buchanan, supra, 424 F. Supp. 875 [D.Del. 1976]. As a court of equity exercising its discretionary authority, it is essential that in the final analysis all four factors be considered together and the relative showings be measured. Further, the express language of the criteria reflects that a court should not and perhaps cannot erect an artificial absolute standard; there are degrees of irreparable injury and probability of a successful appeal. The duty of this Court is to weigh the strength of these showings against each other and balance them against the potential harm to the interests of the plaintiffs and the public. Cf. Alaska Interstate Co. v. McMillian, 402 F. Supp. 532 (D.Del. 1975).”

   2 later decisions quote this exact passage · from the majority
   e.g. BD. OF TR. OF JACKSON PUBLIC SCH. D. v. Knox · Kirpat v. DE ALCOHOLIC BEV. CONTROL COM'N

2. “In a case where the movant will suffer irreparable injury in the absence of a stay, consideration of the merits of the movant’s appeal permits an evaluation of whether that injury is likely to occur in any event. It seems illogical, however, to require that the court in effect conclude that its original decision in the matter was wrong before a stay can be issued. Rather, a stay may be appropriate in a case where the threat of irreparable injury to the applicant is immediate and substantial, the appeal raises serious and difficult questions of law in an area where the law is somewhat unclear and the interests of the other parties and the public are not harmed substantially. This is not to say, however, that every time a case presents difficult questions of law a stay should be entered. As noted earlier, the four factors must be viewed together and the interest of the movant balanced against the interests of the other parties and the public. It is the duty of the court to exercise its discretion so that an equitable resolution is achieved.”

   2 later decisions quote this exact passage · from the majority
   e.g. St. Agnes Hospital of the City of Baltimore, Inc. v. Riddick · 481 F. Supp. 552 - Rennie v. Klein

3. “Even if this Court were permitted to consider the State Board’s proposal, the result in this case would be no different. I find the proposal unacceptable as an equitable remedy for the constitutional violations found by the three-judge court. The most obvious and significant flaw is that the proposal places the entire burden of the remedy on those whose rights have been violated. In formulating a remedy for constitutional violations, this Court must exercise its equitable powers. One would find it difficult to create a more graphic paradigm of an inequitable remedy than one which assigns to those who have been wronged the responsibility of correcting those wrongs. The uncontroverted testimony from State Board of Education personnel adduced at the hearings established that: no white student, suburban or city, would be assigned to a different school district, but every black student in Wilmington would be reassigned.”

   2 later decisions quote this exact passage · from the majority
   e.g. Evans v. Buchanan · 512 F. Supp. 839 - Evans v. Buchanan