Delay v. Gordon’s Empirical Analysis
475 F.3d 1039 · 2007
Citation profile
14 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 32 later decisions — most recently August 2024 · most notably United States v. Hinkson (2009), Phelps v. Alameida (2009)
14 federal appellate · 1 district · 4 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 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 1491 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Brentwood Academy v. Tennessee Secondary School Athletic Assn. · Lebron v. National Railroad Passenger Corporation · United States v. Alpine Land & Reservoir, Co. · United States v. Washington · Community Dental Services v. Tani
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Grounds for Relief from a Final Judgment, Order or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.”
2 later decisions quote this exact passage · from the majority“`Rule 60(b) is available only to set aside a prior judgment or order; courts may not use Rule 60(b) to grant affirmative relief in addition to the relief contained in the prior order or judgment.'”
2 later decisions quote this exact passage · from the majority“attempts to strike a proper balance between the conflicting principles that litigation must be brought to an end and that justice should be done.”
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.