Public-domain · open source
OpenJurist
← 545 F.2d 393 - Pauline McCargo v. Oley G. Hedrick

Pauline McCargo v. Oley G. Hedrick’s Empirical Analysis

545 F.2d 393 · 1977

Citation profile

58
cited by 58 later decisions
5
states following
July 2011
most recently cited

35 federal appellate · 5 district · 5 state decisions

How this case has been cited

Cited by 58 later decisions — most recently July 2011 · most notably Malone v. United States Postal Service (1987), John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western Germany (1977)

35 federal appellate · 5 district · 5 state decisions

25019771980199020002010decided

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 Link v. Wabash Railroad · Paris Reizakis v. Albert E. Loy · Padovani v. Bruchhausen · Dyotherm Corp. v. Turbo Machine Co.

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. “(1) the degree of personal responsibility on the part of the plaintiff; (2) the amount of prejudice to the defendant caused by the delay; (3) the presence or absence of a 'drawn out history' of 'deliberately proceeding in a dilatory fashion;' and (4) the effectiveness of sanctions less drastic than dismissal.”
    5 later decisions quote this exact passage · from the majority
  2. “[D]ismissal power should be exercised only in the face of a clear record of delay or contumacious conduct by the plaintiff.”
    2 later decisions quote this exact passage · from the majority
  3. “[D]ismissal should be resorted to only in extreme cases.”
    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.