Moya v. Schollenbarger’s Empirical Analysis
465 F.3d 444 · 2006
Citation profile
13 federal appellate · 2 district · 6 state decisions
How this case has been cited
Cited by 65 later decisions — most recently October 2025 · most notably Smith v. United States (2009), Shero v. City of Grove (2007)
13 federal appellate · 2 district · 6 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
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Conley v. Gibson · Harlow v. Fitzgerald · Cohen v. Beneficial Industrial Loan Corp. · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen the dismissal order expressly grants the plaintiff leave to amend, that conclusively shows that the district court intended only to dismiss the complaint; the dismissal is thus not a final decision.”
3 later decisions quote this exact passage · from the majority“[TJhat a dismissal was without prejudice does not necessarily make it non-final under section 1291.” Moya v. Schollenbarger, 465 F.3d 444, 448 (10th Cir.2006).”
2 later decisions quote this exact passage · from the majority“In evaluating finality, ... we look to the substance and objective intent of the district court 's order, not just its terminology.”
2 later decisions quote this exact passage · from the majoritye.g. B. Willis, C.P.A., Inc. v. BNSF Railway Corp. · Richard SCHADEN MCE-DIA, LLC, a Michigan limited liability company Midfield Concessions Enterprises, Inc. a Michigan limited liability company Andrea Hachem Noureddine "Dean" Hachem Samir Mashni Simrae Solutions LLC, a Colorado limited liability company Sudan I. Muhammad Pangea Concessions Group LLC, a Florida limited liability company Niven Patel and Rohit Patel v. DIA BREWING CO., LLC, a Colorado limited liability company
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.