Berland v. Mack’s Empirical Analysis
1969
Citation profile
10 federal appellate · 6 district · 9 state decisions
How this case has been cited
Cited by 61 later decisions (1 by the Supreme Court) — most recently June 2005 · most notably Oppenheimer Fund, Inc. v. Sanders (1978), Zeidman v. J. Ray McDermott & Co. (1981)
10 federal appellate · 6 district · 9 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 Mullane v. Central Hanover Bank & Trust Co. · J. I. Case Co. v. Borak · Balistrieri v. United States · Stevens v. Marks · Eisen v. Carlisle & Jacquelin
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The suggestion that such abuse of the corporate treasury can be avoided by a preliminary hearing to determine the merits of the claim is illusory. Quite aside from the additional burden that it heaps upon the Court, it would be a rare case where the Court could assure the class of ultimate success even after a preliminary hearing.”
1 later decision quote this exact passage · from the majority““ * * * Where the claim appears to be a meritorious one and defendants desire it be prosecuted through a class action, it does not seem unreasonable to require the corporate defendant to share the cost of notice, particularly in a case where plaintiffs may be able to reimburse the corporation if the claim is dismissed.””
1 later decision quote this exact passage · from the majority“[T]he court shall direct to members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort.”
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.