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← 500 FSUPP 580 - Carey v. Beans

Carey v. Beans’s Empirical Analysis

1980

Citation profile

53
cited by 53 later decisions
August 2018
most recently cited

8 federal appellate · 7 district ·

How this case has been cited

Cited by 53 later decisions — most recently August 2018 · most notably Glassman v. Computervision Corp. (1996), United States v. Wade (1983)

8 federal appellate · 7 district ·

3101980199020002010decided

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. § 1331 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Bell v. Wolfish · Elrod v. Burns · Griswold v. State of Connecticut · Branti v. Finkel · Pell v. Procunier

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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “However, where plaintiff files a motion to amend after defendant has moved for summary judgment the motion to amend will not be granted unless the party seeking amendment can show not only that the proposed amendment has “substantial merit,” Verhein v. South Bend Lathe, Inc., 598 F.2d 1061, 1063 (7th Cir. 1979), but also come forward with “substantial and convincing evidence” supporting the newly asserted claim. Artam v. International Harvester, Inc., 355 F. Supp. 476, 481 (W.D. Pa. 1972). Cf. Glesenkamp v. National Mutual Insurance Co., 71 F.R.D. 1, 4 (N.D. Cal. 1974) (“[p]laintiff s understandable desire to avoid the effect of defendant’s motion for summary judgment is insufficient reason for infusing life into a case ...”). This more demanding burden, which the party seeking amendment bears at this procedural juncture, evolves from the truism that “prejudice to the non-moving party is the touchstone for denial of the amendment.” Cornell & Co., Inc. v. Occupational Safety and Health Administration, 573 F.2d 820 , 823 (3d Cir. 1978).”
    3 later decisions 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.