Auxier v. Kraisel’s Empirical Analysis
1983
Citation profile
4 federal appellate · 1 district · 42 state decisions
How this case has been cited
Cited by 47 later decisions — most recently March 2016 · most notably 1010 Potomac Associates v. Grocery Manufacturers of America, Inc. (1984), Davis v. United States (1989)
4 federal appellate · 1 district · 42 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 Edmund J. Flynn Co. v. LaVay · Webster v. Archer · 78 Ill. App. 3d 639 - Omni Overseas Freighting Co. v. Cardell Insurance Agency · Safeway Stores, Inc. v. Chamberlain Protective Services, Inc. · Brem v. United States Fidelity and Guaranty 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“presumptively correct unless they are clearly erroneous or unsupported by the record.”
2 later decisions quote this exact passage · from the majoritye.g. Morgan v. Foretich · Matter of CJ“The exception has specific requirements: Where a plaintiff seeks in a separate action to recover attomey[’s] fees incurred by him in earlier litigation with a third person arising out of the tortious act of the defendant, ... if the natural and proximate consequences of the defendant’s tortious act were to involve the plaintiff in litigation with a third person, reasonable compensation for attorney’s fees may be recovered as damages against the author of the tortious act.”
1 later decision quote this exact passage · from the majoritye.g. Dalo v. Kivitz“(1) [t]he plaintiff must have incurred attorney’s fees in the prosecution or defense of a prior action; (2) the litigation ordinarily must have been with a third party and not with the defendant in the present action; and (3) the plaintiff must have become involved in such litigation because of some tortious act of the defendant.”
1 later decision 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.