Dickman v. Schoenfield’s Empirical Analysis
608 F.2d 930 · 1979
Citation profile
10 federal appellate · 2 state decisions
How this case has been cited
Cited by 27 later decisions — most recently May 2022 · most notably Whalen v. Ford Motor Credit Co. (1982), In Re Ross (1986)
10 federal appellate · 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
Relies on Local Union No. 12 v. National Labor Relations Board · Dyer v. MacDougall · On Lee v. United States · Utica Mutual Insurance Company v. Merle D. Vincent, Jr., Regional Director of the Third Region of the National Labor Relations Board · In the Matter of Yale Express System, Inc., Debtor. Boston Insurance Company v. F. Ralph Nogg, Trustee
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Disability. If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after finding of facts and conclusions of law are filed, then any other judge regularly sitting in or assigned to the court may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.”
2 later decisions quote this exact passage · from the majority“Thomas-Bonner Co. v. Hooven, Owens & Rentschler Co., 284 F. 386, 392 (6th Cir.1922) (successor judge in contract action noted that no one having interest in case objected to the reassignment of the case); Bangor & Aroostook Railroad Co. v. Brotherhood of Locomotive Firemen & Enginemen, 314 F.Supp. 352 (D.D.C.1970), aff'd [sic, remanded on other grounds], 143 U.S.App.D.C. 90 , 442 F.2d 812 (D.C.Cir.1971) (motion presented to original judge solely on basis of affidavits, briefs, and arguments was decided by successor judge; findings and conclusions of original judge were clear from his rulings during the hearing); ... Petition of Garcia, 65 F.Supp. 143 (W.D.Pa.1946) (no indication in opinion that either party objected to substitution of judges); O’Grady v. Chautauqua Builders’Supply, 33 F.2d 957 (W.D.N.Y. 1929) (district court rendered decision on basis of testimony taken by referee, acting as special master, who died before rendering decision; no indication of objection by either party).”
1 later decision quote this exact passage · from the majority“The Sixth Circuit has recently taken the position that the clear implication of Rule 63 is that a new trial is always required when prior to filing findings and conclusions a judge is disabled from proceeding further with a bench trial. Arrow-Hart, Inc. v. Philip Carey Co., 552 F.2d 711 (6th Cir. 1977). Although this Court has never had occasion to rule on this precise issue, the Second Circuit cases concerning the substitution of judges appear to turn on the assumption that when during the course of a bench trial the original judge becomes unable to proceed, a new trial is required unless the original judge has previously filed findings of fact and conclusions of law. . . .”
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.