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← 46 F.3d 492 - Diaz v. Methodist Hospital

Diaz v. Methodist Hospital’s Empirical Analysis

46 F.3d 492 · 1995

Citation profile

49
cited by 49 later decisions
3
states following
April 2019
most recently cited

11 federal appellate · 2 district · 5 state decisions

How this case has been cited

Cited by 49 later decisions — most recently April 2019 · most notably Advanced Display Systems Inc Bao Gang Wu v. Kent State University Kent Research Corporation Kent Display Systems Inc (2000), General Universal Systems, Inc. v. Lee (2004)

11 federal appellate · 2 district · 5 state decisions

200199520002010decided

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 Delaware v. New York · McNamara v. County of San Diego Department of Social Services · Oneida Motor Freight, Inc. v. United Jersey · Sanders Confectionery Products Inc. v. Heller Financial, Inc. · In re Disbarment of Sabiston

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.

  1. “[Citation omitted.] In the case at hand, Appellant had independent access to information concerning the availability of aminoglycoside testing in January, 1987. Dr. Talmage's affidavit proves that this information was not under the exclusive control of the Appellees. It is likely that a more focused effort by Appellant could have uncovered this evidence prior to trial. Diaz, 46 F.3d at 498 (emphasis added.) CONCLUSION ¶ 28. Moore's perjury and new evidence claims are time barred. Furthermore, Moore has failed to show that his”
    3 later decisions quote this exact passage · from the majority
  2. “If unequivocal evidence establishes that a party willfully perjured himself, and thereby prevented the opposition from fully and fairly presenting its case, use of Rule 60(b)(3) to grant the innocent party a new trial would be a proper response.”
    3 later decisions quote this exact passage · from the majority
  3. “[t]he purpose of [Rule 60(b)(3) ] is to afford parties relief from judgments which are unfairly obtained, not those which may be factually incorrect.”
    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.