White v. Arco/Polymers, Inc.’s Empirical Analysis
720 F.2d 1391 · 1983
Citation profile
26 federal appellate · 7 district · 2 state decisions
How this case has been cited
Cited by 86 later decisions — most recently March 2019 · most notably American Title Insurance v. Lacelaw Corp. (1988), Debbie Rogers Barnes, Lisa Bean, John Edward Rogers, Co-Executors of the Estate of Edward Doyle Rogers v. Owens-Corning Fiberglas Corp (2000)
26 federal appellate · 7 district · 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
Applies 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act) · 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on United States v. United States Gypsum Co. · Vaca v. Sipes · Pullman-Standard v. Swint · Tamotsu Tanaka v. Creditors' Committee 1 · Israel v. Futuronics Corp.
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[F]actual assertions in pleadings are ... judicial admissions conclusively binding on the party that made them.”
5 later decisions quote this exact passage · from the majority“"Normally, factual assertions in pleadings and pretrial orders are considered to be judicial admissions conclusively binding on the party who made them. Myers v. Manchester Insurance & Indemnity Co., 572 F.2d 134 (5th Cir. 1978); State Farm Mutual Auto. Insurance Co. v. Worthington, 405 F.2d 683, 686 (8th Cir.1968); Mull v. Ford Motor Co., 368 F.2d 713, 716 (2d Cir.1966).5 [The defendants/appellees] did not insist on strict adherence to this precept: instead of arguing when the issue came up that it was foreclosed by [the plaintiff's] earlier admissions that he had been dismissed on the final day of the 120-days worked probationary period, they argued that White's computation of the number of days he had worked was incorrect because it omitted days absent. By failing to contend that White's admissions barred his subsequent assertion of the contrary position, they effectively waived the argument that the issue was irreversibly settled. Loose v. Offshore Navigation, Inc., 670 F.2d 493, 498 (5th Cir.1982); Genusa v. City of Peoria, 619 F.2d 1203, 1208 (7th Cir.1980). "5 Admissions made in superseded pleadings are as a general rule considered to lose their binding force, and to have value only as evidentiary admissions. 3 Moore's Federal Practice & Procedure ¶ 15.08[7] at 15-128 (1982), citing Borel v. United States Casualty Co., 233 F.2d 385 , case II (5th Cir.1956). But where, as in this case, the amendment only adds allegations, deleting nothing stated in the prior pleadings, ”
2 later decisions quote this exact passage · from the majority“Admissions made in superseded pleadings are as a general rule considered to lose their binding force, and to have value only as evidentiary admissions.”
2 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.