Gold v. Ernst & Ernst’s Empirical Analysis
574 F.2d 662 · 1978
Citation profile
11 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 34 later decisions — most recently January 2014 · most notably Weinberger v. Kendrick (1982), Abrams v. Interco Inc. (1983)
11 federal appellate · 2 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
Applies 28 U.S.C. § 1292
Relies on Cohen v. Beneficial Industrial Loan Corp. · Mullane v. Central Hanover Bank & Trust Co. · Eisen v. Carlisle & Jacquelin · Eisen v. Carlisle & Jacquelin · Houchins v. KQED, Inc.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“inconsistent with the requirement [of Rule 23] that certification as a class action be determined 'as soon as practicable after the commencement of the action' and the implication that the initial class notice should follow promptly after the certification,”
2 later decisions quote this exact passage · from the majority“[N]o amount of argument that the brokerage houses may or may not be under some kind of duty to forward the notices can relieve the plaintiff himself of the responsibility of notifying the members of the class, as Eisen IV requires him to do.”
2 later decisions quote this exact passage · from the majoritye.g. Harris v. Peddle · Silber v. Mabon“[o]ne of these matters is likely to be the direction of notice by publication with respect to a certain number of beneficial owners whose identity cannot be established by reasonable effort.”
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.