Schultz v. Cally’s Empirical Analysis
528 F.2d 470 · 1975
Citation profile
11 federal appellate · 7 district · 2 state decisions
How this case has been cited
Cited by 39 later decisions — most recently August 2012 · most notably Ray v. Robinson (1981), Nanavati v. Burdette Tomlin Memorial Hospital (1988)
11 federal appellate · 7 district · 2 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 United Mine Workers of America v. Gibbs · McNutt v. General Motors Acceptance Corp. · Blue Chip Stamps v. Manor Drug Stores · Strawbridge v. Curtiss · Strawbridge v. Curtiss
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Fed. R. Civ. P. 15(b) [footnote omitted], however, a pleading may be amended to conform to the proof, and if an issue, though never actually pleaded, is tried by express or implied consent of the parties, the pleadings may be deemed amended to conform, even after judgment or on appeal.”
2 later decisions quote this exact passage · from the majority“[T]here is implied consent to litigate an issue if there is no objection to the introduction of evidence on the unpleaded issue, as long as the non-objecting party was fairly apprised that the evidence went to the unpleaded issue.”
2 later decisions quote this exact passage · from the majority“(b) Amendments to Conform to Evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to so amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the party in maintaining the party’s action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.”
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.