Marcus v. Young’s Empirical Analysis
1995
Citation profile
3 federal appellate · 44 state decisions
How this case has been cited
Cited by 58 later decisions — most recently June 2019 · most notably Vivian v. Madison (1999), Carolan v. Hill (1996)
3 federal appellate · 44 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 Cort v. Ash · State v. Monroe · Engstrom v. State · Seeman v. Liberty Mutual Insurance Co. · Shidler v. All American Life & Financial Corp.
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.
“(1) Is the plaintiff a member of the class for whose benefit the statute was enact ed? (2) Is there any indication of legislative intent, explicit or implicit, to either create or deny such a remedy? (3) Would allowing such a cause of action be consistent with the underlying purpose of the legislation? (4) Would the private cause of action intrude into an area over which the federal government or a state administrative agency holds exclusive jurisdiction?”
5 later decisions quote this exact passage“legislative intent is expressed by omission as well as by inclusion, and the express mention of one thing implies the exclusion of others not so mentioned.”
1 later decision quote this exact passage
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.