Nimetz v. Cappadona’s Empirical Analysis
1991
Citation profile
3 federal appellate · 31 state decisions
How this case has been cited
Cited by 34 later decisions — most recently September 2013 · most notably Jonathan Woodner Co. v. Breeden (1995), King v. Kidd (1993)
3 federal appellate · 31 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 Chevron Oil Co. v. Huson · Commodity Futures Trading Commission v. Weintraub · Gemelli v. Pennsylvania · Landes Construction Co. v. Royal Bank of Canada · 173 W. Va. 335 - Orr v. Crowder
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.
“[A] defendant who fails to request a special verdict form in a civil case will be barred on appeal from complaining that the jury may have relied on [an erroneous theory] when there was sufficient evidence to support another theory properly before the jury.”
5 later decisions quote this exact passage“First, the decision to be applied nonretro-actively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed. Second, it has been stressed that we must ... weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation. Finally, we have weighed the inequity imposed by retroactive application, for [w]here a decision of this Court could produce substantial inequitable results if applied retroactively, there is ample basis in our cases for avoiding the injustice and hardship by a holding of nonretroactivity.”
1 later decision quote this exact passage“Litigants like [the defendant] who wish to challenge the sufficiency of the evidence as to some, but not all, specifications of negligence must present an appropriate record for review by asking the jury to make separate factual determinations as to each specification. Any other rule would unnecessarily jeopardize jury verdicts that are otherwise fully supported by the record on the mere theoretical possibility that the jury based its decision on unsupported specifications. We will not allow litigants to play procedural brinkmanship with the jury system and take advantage of uncertainties they could well have avoided.”
1 later decision quote this exact passagee.g. Pratt v. Petelin
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.