Clark v. Volpe’s Empirical Analysis
481 F.2d 634 · 1973
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 18 later decisions — most recently January 2005
11 federal appellate ·
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 23 U.S.C. § 401 (Drunk Driving Prevention Act of 1988)
Relies on Romero v. International Terminal Operating Co. · Central Contracting Co. v. Maryland Casualty Co. · S & S Logging Co. v. Barker · George R. Williams v. Pacific Maritime Association
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whenever outside matters are presented to and not excluded by the trial court, [the motion to dismiss] should be considered on appeal as one for summary judgment even though the trial court characterized its action as a dismissal of the case for failure of plaintiffs to state a claim upon which relief can be granted.”
3 later decisions quote this exact passage · from the majority“If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.”
2 later decisions quote this exact passage · from the majority“and relied upon the material contained therein in dismissing the case. 2 Rule 12(b), Federal Rules of Civil Procedure, provides that if, on a motion to dismiss for failure of”
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.