Asher v. Harrington’s Empirical Analysis
461 F.2d 890 · 1972
Citation profile
29 federal appellate · 1 district ·
How this case has been cited
Cited by 48 later decisions — most recently November 2017 · most notably Stern v. United States Gypsum, Inc. (1977), Perkins v. Silverstein (1991)
29 federal appellate · 1 district ·
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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell v. Hood · Tinker v. Des Moines Independent Community School District · Keyishian v. Board of Regents of Univ. of State of NY · Ingram v. United States · Moviecolor Ltd. v. Eastman Kodak 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he practical result of plaintiffs’ actions in appealing the complaint was to cut off the opportunity to amend at the district court level, and technically, under Rule 41(b), Fed. R.Civ.P., a dismissal of the complaint operates as a dismissal with prejudice, unless the court specifies otherwise. Our review can include not only whether the original complaint was properly dismissed, which we have already considered, but whether leave to amend should have been granted.”
1 later decision quote this exact passage“vests jurisdiction in the court of appeals [and] further proceedings in the district court cannot then take place without leave of the court of appeals.”
1 later decision quote this exact passage
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.