Wallin v. Fuller’s Empirical Analysis
476 F.2d 1204 · 1973
Citation profile
45 federal appellate · 1 district · 6 state decisions
How this case has been cited
Cited by 67 later decisions — most recently July 2018 · most notably Trevino v. Celanese Corp. (1983), Herrera v. Valentine (1981)
45 federal appellate · 1 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
Relies on Link v. Wabash Railroad · Stern v. Board of Levee Commissioners · Ferrell v. Trailmobile, Inc. · Monod v. Futura, Inc. · Case v. Abrams
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Amendments to Conform to the Evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.”
2 later decisions quote this exact passage · from the dissent“Amendments. A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 20 days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. .”
1 later decision quote this exact passage · from the dissent““The court shall make an order which recites the action taken at the conference, * * * and such order when entered controls the subsequent course of the action * * * »”
1 later decision quote this exact passage · from the dissent
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.