Berry v. Berry’s Empirical Analysis
1987
Citation profile
2 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 16 later decisions — most recently July 2011
2 federal appellate · 2 district · 7 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 Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation · Stoll v. Gottlieb · Pickeral v. Federal Land Bank · Searle Bros. v. Searle · Penrod v. Nu Creation Creme, Inc.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Was the issue decided in the prior adjudication identical with the one presented in the action in question? (2) Was there a final judgment on the merits? (3) Was the party against whom the plea is asserted a party or in privity with a party to the prior adjudication? (4) Was the issue in the first case completely, fully, and fairly litigated.”
2 later decisions quote this exact passage“[Hjaving been defeated on the merits in one action, a plaintiff sometimes attempts another action seeking the same or approximately the same relief but adducing a different substantive law premise or ground. This does not constitute the presentation of a new claim when the new premise or ground is related to the same transaction or series of transactions, and accordingly the second action should be held barred.”
1 later decision quote this exact passagee.g. Nipper v. Douglas
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.