Rogers v. McDorman’s Empirical Analysis
521 F.3d 381 · 2008
Citation profile
13 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 56 later decisions — most recently August 2023 · most notably Republic of Iraq ex rel. Citizens of the Republic of Iraq v. ABB AG (2014), Equal Employment Opportunity Commission v. Service Temps Inc. (2012)
13 federal appellate · 1 district · 1 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
Applies 18 U.S.C. § 1964 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act)
Relies on Sedima Sprl v. Imrex Company Inc · United States v. Turkette · The Boeing Company v. Daniel C. Shipman · Agency Holding Corporation v. Malley-Duff & Associates Inc Crown Life Insurance Company · Pinter v. Dahl
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the matter is raised in the trial court in a manner that does not result in unfair surprise, however, technical failure to comply precisely with Rule 8(c) is not fatal.”
3 later decisions quote this exact passage · from the majority“[T]he prejudice inquiry considers whether the plaintiff had sufficient notice to prepare for and contest the defense, and not simply whether the defense, and evidence in support of it, were detrimental to the plaintiff (as every affirmative defense is).”
2 later decisions quote this exact passage · from the majority“[T]he defendant does not waive an affirmative defense”
2 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.