Devines v. Maier’s Empirical Analysis
728 F.2d 876 · 1984
Citation profile
21 federal appellate · 5 state decisions
How this case has been cited
Cited by 36 later decisions — most recently September 2010 · most notably Litman v. Massachusetts Mutual Life Insurance (1987), Redfield v. Continental Casualty Corp. (1987)
21 federal appellate · 5 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 42 U.S.C. § 1988 · 42 U.S.C. § 4601 (Uniform Relocation Act) · 42 U.S.C. § 5301 (Housing and Community Development Act of 1974) · 42 U.S.C. § 5305
Relies on Penn Central Transportation Co. v. New York City · Pennsylvania Coal Co. v. Mahon · Taylor v. Illinois · Loretto v. Teleprompter Manhattan CATV Corp. · Kaiser Aetna v. United States
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ‘law of the case’ rule is based on the salutary and sound public policy that litigation should come to an end, it is predicated on the premise that ‘there would be no end to a suit if every obstinate litigant could, by repeated appeals, compel a court to listen to criticisms on their opinions or speculative chances from changes in its members,’ and that it would be impossible for an appellate court to perform its duties satisfactorily and efficiently and expeditiously ‘if a question, once considered and decided by it were to be litigated anew in the same case upon any and every subsequent appeal’ thereof.””
4 later decisions quote this exact passage · from the concurrence“we have long held that 'matters decided on appeal become the law of the case to be followed ... on second appeal, in the appellate court, unless there is plain error of law in the original decision.'”
3 later decisions quote this exact passage · from the concurrence““The law of the case doctrine, however, is not an immutable concept, and should not be applied where the law as announced is clearly erroneous, and establishes a practice which is contrary to the best interests of society, and works a manifest injustice in the particular case...”
2 later decisions quote this exact passage · from the concurrence
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.