Erspan v. Badgett’s Empirical Analysis
659 F.2d 26 · 1981
Citation profile
4 federal appellate · 1 district · 38 state decisions
How this case has been cited
Cited by 50 later decisions — most recently May 2002 · most notably Segrest v. Segrest (1983), 38 Cal. 3d 413 - Aloy v. Mash (1985)
4 federal appellate · 1 district · 38 state decisions — followed in 14 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 Commissioner v. Sunnen · Federated Department Stores, Inc. v. Moitie · McCarty v. McCarty · Hisquierdo v. Hisquierdo · In re Disbarment of Gately
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... Furthermore, as the Supreme Court noted in Federated Department Stores, Inc. v. Moitie, [ 452 U.S. 394 ], 101 S.Ct. 2424, 2427 , 69 L.Ed.2d 103 (1981), `the res judicata consequences of a final, unappealed judgment on the merits [are not] altered by the fact that the judgment may have been wrong or rested on a legal principle subsequently overruled in another case.' [ 452 U.S. 394 ], 101 S.Ct. 2427 [ 69 L.Ed.2d 103 ] (citations omitted). Nothing in McCarty suggests that the Supreme Court therein intended to invalidate, or otherwise render unenforceable, prior valid and subsisting state court judgments. Absent some indication of such an intent, we decline to do so."”
4 later decisions quote this exact passage · from the majority“[Retiree] advances no reason why that judgment should be denied its usual res judicata effect, and none is readily apparent: as a final judgment it settles not only the issues actually litigated, but also any issues that could have been litigated in that proceeding. Federated Department Stores, Inc. v. Moitie, [ 452 U.S. 394 , 101 S.Ct. 2424 , 69 L.Ed.2d 103 ] (1981).”
3 later decisions quote this exact passage · from the majority“(T)he res judicata consequences of a final, unappealed judgment on the merits (are not) altered by the fact that the judgment may have been wrong or rested upon a legal principle subsequently overruled in another case.”
3 later decisions quote this exact passage · from the majoritye.g. Breen v. Breen · Ex Parte Welch
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.