Nieto v. Pence’s Empirical Analysis
578 F.2d 640 · 1978
Citation profile
20 federal appellate · 4 district · 26 state decisions
How this case has been cited
Cited by 74 later decisions — most recently June 2009 · most notably Ryan v. Edwards (1979), Molo Oil Co. v. River City Ford Truck Sales, Inc. (1998)
20 federal appellate · 4 district · 26 state decisions — followed in 17 states
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 Duval v. Midwest Auto City, Inc. · Jones v. Fenton Ford, Inc. · 373 F. Supp. 791 - Delay v. Hearn Ford · Stier v. Park Pontiac, 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“transferor may not close his eyes to the truth. If a transferor reasonably should have known that a vehicle's odometer reading was incorrect, although he did not know to a certainty the transferee would be defrauded, a court may infer that he understood the risk of such an occurrence.”
21 later decisions quote this exact passage · from the majority“(a) Any person who, with intent to defraud, violates any requirement imposed under this Article shall be liable in an amount equal to the sum of: (1) Three times the amount of actual damages sustained or one thousand five hundred dollars ($1,500), whichever is the greater; and (2) In the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court. (b) An action to enforce any liability created under subsection (a) of this section may be brought in any court of the trial division of the General Court of Justice of the State of North Carolina within four years from the date on which the liability arises.”
3 later decisions quote this exact passage · from the majority“(1) Disclosure of the cumulative mileage registered on the odometer. (2) Disclosure that the actual mileage is unknown, if the odometer reading is known to the transferor to be different from the number of miles the vehicle has actually traveled.”
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.