Falk v. Allen’s Empirical Analysis

Citation profile

43 federal appellate · 7 district ·

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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the plaintiff will be prejudiced, (2) whether the defendant has a meritorious defense, and (3) whether culpable conduct of the defendant led to the default.”

   6 later decisions quote this exact passage · from the majority
   e.g. Brandt v. American Bankers Insurance · Employee Painters' Trust Resilient Floorcovering Pension Fund Western Washington Floor Covering Apprenticeship Fund Western Washington Floor Covering Industry Promotion

2. “whenever possible, be decided on the merits.”

   3 later decisions quote this exact passage · from the majority
   e.g. Gabrilowitz v. Ricci (In re Acme Motors, Inc.) · Community Dental Services v. Tani

3. “(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.”

   2 later decisions quote this exact passage · from the majority
   e.g. Merrill v. Abbott (In Re Independent Clearing House Co.) · 747 F. Supp. 1409 - Richmark Corp. v. Timber Falling Consultants, Inc.