Public-domain · open source
OpenJurist
← 466 NW2D 562 - McCarter v. Pomeroy

McCarter v. Pomeroy’s Empirical Analysis

1991

Citation profile

11
cited by 11 later decisions
1
states following
December 2012
most recently cited

11 state decisions

Relationships

Relies on Williams Electric Cooperative, Inc. v. Montana-Dakota Utilities Co. · 243 Cal. App. 2d 113 - Ready v. Grady · Schultz v. North Dakota Department of Human Services · Medcenter One, Inc. v. Job Service North Dakota · Bottineau County Water Resource District v. North Dakota Wildlife Society

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “McCarter contends that the Commissioner denied his right to a fair hearing by amending the complaint on his own motion to include a statutory violation not specified in the complaint and notice of hearing. # * * * ⅜ ⅜ To the extent necessary for full disclosure of all relevant facts and issues, the person presiding at the hearing shall afford to all parties and other persons allowed to participate the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted or conditioned by a grant of intervention or by a prehearing order. In civil actions, Rule 15(b), N.D.R.Civ.P., authorizes the amendment of pleadings to conform to the evidence, providing in part: ... McCarter has not presented any persuasive reasons why administrative pleadings should not be allowed to be similarly amended.”
    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.