Federal Prescription Service, Inc. v. American Pharmaceutical Ass'n’s Empirical Analysis
636 F.2d 755 · 1980
Citation profile
29 federal appellate · 18 district · 19 state decisions
How this case has been cited
Cited by 106 later decisions — most recently June 2020 · most notably Arban v. West Publishing Corp. (2003), Texaco Inc. v. Pennzoil Co. (1986)
29 federal appellate · 18 district · 19 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 Ripon Society, Inc. v. National Republican Party · Bennett v. Gemmill · Kerestes v. United States · Indian Towing Co. v. United States · International Controls Corp. v. Vesco
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[bjecause the stay [of judgment pending appeal] operates for the appellant’s benefit and deprives the appellee of the immediate benefits of this judgment, a full supersedeas bond should be the requirement in normal circumstances, such as where there is some reasonable likelihood of the judgment debtor’s inability or unwillingness to satisfy the judgment in full upon ultimate disposition of the case and where posting adequate security is practicable. In unusual circumstances, however, the district court in its discretion may order partially secured or unsecured stays if they do not unduly endanger the judgment creditor’s interest in ultimate recovery.”
9 later decisions quote this exact passage · from the majority“Stay Upon Appeal When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay subject to the exceptions contained in subdivision (a) of this rule. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court.”
4 later decisions quote this exact passage · from the majority“[T]he [trial court] has power not only to set the amount of security but to dispense with any security requirement whatsoever where the restraint will do the defendant “no material damage,” [citations omitted] where there “has been no proof of likelihood of harm,” [citations omitted] and where the applicant for equitable relief has “considerable assets and [is] . . . able to respond in damages if [defendant] does suffer damages by reason of [a wrongful] injunction” [citations omitted].”
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.