Higgins v. Boeing Co.’s Empirical Analysis
526 F.2d 1004 · 1975
Citation profile
15 federal appellate · 4 district ·
How this case has been cited
Cited by 58 later decisions — most recently June 2010 · most notably Lewis v. Time Inc. (1983), Hooker Investments Inc Lj First Fidelity Bank Na New Jersey v. Hooker Investments Inc Lj (1991)
15 federal appellate · 4 district ·
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 Beacon Theaters Inc v. C Westover · Dairy Queen, Inc. v. Wood · Galella v. Onassis · Goldman, Sachs & Co. v. Honorable David N. Edelstein, U.S. D.J., and the Franklin Savings Bank in the City of New York · McGregor Boulevard Church of Christ v. Walling
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““These rules apply to civil actions removed to the United States district courts from the state courts and govern procedure after removal... If at the time of removal all necessary pleadings have been served, a party entitled to trial by jury under Rule 38 shall be accorded it, if his demand therefore is served within 10 days after the petition for removal is filed if he is the petitioner, or if he is not the petitioner within 10 days after service on him of the notice of filing the petition. A party who, prior to removal, has made an express demand for trial by jury in accordance with state law, need not make a demand after removal. If state law applicable in the court from which the case is removed does not require the parties to make express demands in order to claim trial by jury, they need not make demands after removal unless the court directs that they do so within a specified time if they desire to claim trial by jury. The court may make this direction on its own motion and shall do so as a matter of course at the request of any party. The failure of a party to make demand as directed constitutes a waiver by him of trial by jury.” (Rule 81(c), F.R.Civ.P.)”
4 later decisions quote this exact passage · from the majority“(b) By the Court. Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.”
4 later decisions quote this exact passage · from the majority“[A] discretionary right must be read into the language of Rule 81(c); it comports also with Rule 39(b). The framers of Rule 81(c), taking into account the clear cut situations where state law either requires a demand or not, did not expressly consider the gray situation ... where state law permits discretionary relief.”
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.