Thorp v. Scarne’s Empirical Analysis
599 F.2d 1169 · 1979
Citation profile
33 federal appellate · 3 district · 14 state decisions
How this case has been cited
Cited by 72 later decisions — most recently March 2022 · most notably Manze 86-1341 v. State Farm Insurance Company Manze (1987), Randall v. Merrill Lynch (1987)
33 federal appellate · 3 district · 14 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 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 28 U.S.C. § 1292
Relies on Johnson v. Stevenson · New York v. Penn Central Transportation Co. · Phillips v. Negley · Wales ex rel. Wales Trucking Co. v. United States · In Re Skinner & Eddy Corporation
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Harvey Aluminum has not been well received,”
7 later decisions quote this exact passage · from the majority“Obviously, Rule 41(a)(l)(i) dismissals will no longer be self executing, as intended, if there is to be frequent judicial intervention for the purpose of determining whether the “equivalent” of an answer or a motion for summary judgment has been served or for the purpose of weighing whether the merits have been sufficiently considered by the court to warrant terminating the plaintiff’s right to dismiss the proceedings.”
5 later decisions quote this exact passage · from the majority“[A]n action may be dismissed by the plaintiff without an order of the court: [a] by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment . . . .”
3 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.