Winant’s Empirical Analysis
5 F.3d 767 · 1993
Citation profile
20 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 50 later decisions — most recently October 2024 · most notably 131 N.C. App. 242 - First Atlantic Management, Corp. v. Dunlea Realty, Co. (1998), King v. Rumsfeld (2003)
20 federal appellate · 1 district · 3 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 Pacific Mutual Life Insurance v. Haslip · Kliewer v. New Jersey · Mississippi v. Turner · Marshall v. Miller · Johnson v. Phoenix Mutual Life Insurance
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'the only conclusion a reasonable trier of fact could draw from the evidence is in favor'”
3 later decisions quote this exact passage · from the majority“In a fraud case, damage is the value of the loss caused by the tortious conduct, and it is measured by the difference between what was received and what was promised by the false representation .... The remedy of rescission, on the other hand, does not include a notion of damage. It intends to undo the transaction and return the parties to their original status.... Instead of trebling damages [this action] would treble the size of the transaction.”
1 later decision quote this exact passage · from the majority“Having found that there was sufficient evidence to allow the fraud claim to go to the jury, we need not consider appellants' challenges to the denial of their motion for judgment as a matter of law on the other counts.”
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.