Stern v. Barnett’s Empirical Analysis
452 F.2d 211 · 1971
Citation profile
24 federal appellate · 2 state decisions
How this case has been cited
Cited by 49 later decisions — most recently December 2013 · most notably Quad/Graphics, Inc. v. Fass (1983), People Organized for Welfare & Employment Rights v. Thompson (1984)
24 federal appellate · 2 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 Glidden Company v. Zdanok Et Al. · Dragna v. California · Kanatser v. Chrysler Corp. · Local Union No. 25 of the International Brotherhood of Teamsters v. New York · Alamance Industries, Inc. v. Filene's
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is the intent of Rule 41(a)(2) to prevent voluntary dismissals which unfairly affect the opposing party. Rather than being a matter of right, the allowance of a motion to dismiss under Rule 41(a)(2) is discretionary with the district court ... ‘In exercising its discretion the court follows the traditional principle that dismissal should be allowed unless the defendant will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.’ 2B Barron and Holtzoff, Federal Practice and Procedure, supra, § 912, at 114.””
1 later decision quote this exact passage · from the majority““The Federal Rules of Civil Procedure by virtue of Rule 81 did not apply to bankruptcy matters except insofar as they might be made applicable thereto by rules promulgated by the Supreme Court. General Order 37, effective February 13, 1939, however, provided that in proceedings under the Bankruptcy Act the Federal Rules of Civil Procedure should, ‘Insofar as they are not inconsistent with the Act or with these general orders, be followed as nearly as may be.’ ””
1 later decision quote this exact passage · from the majoritye.g. Damrow v. White“[wjhether guidelines are found in equity rules or in the Federal Rules of Civil Procedure [Rule 41(a)], the matter of permitting the withdrawal and dismissal of the bankruptcy petition is within the sound discretion of the referee provided that the dismissal should not be permitted if anyone in interest will be unjustly prejudiced by permitting a withdrawal or a cessation of the proceedings.”
1 later decision quote this exact passage · from the majoritye.g. In Re Blue
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.