Ash v. Cvetkov’s Empirical Analysis
739 F.2d 493 · 1984
Citation profile
96 federal appellate · 1 state decisions
How this case has been cited
Cited by 189 later decisions — most recently August 2023 · most notably Westinghouse Securities Litigation Md (1996), Henderson v. Duncan (1986)
96 federal appellate · 1 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 28 U.S.C. § 1291 · 28 U.S.C. § 1292
Relies on Link v. Wabash Railroad · O’Callahan v. Parker, Warden · Delli Paoli v. United States · Bratton v. United States · Simopoulos v. Virginia
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 189 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining whether to dismiss an action for lack of prosecution, the district court is required to weigh several factors: '(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions.'”
4 later decisions quote this exact passage · from the majority“If a litigant could refuse to proceed whenever a trial judge ruled against him, wait for the court to enter a dismissal for failure to prosecute, and then obtain review of the judge's interlocutory decision, the policy against piecemeal litigation and review would be severely weakened.”
4 later decisions quote this exact passage · from the majority“[i]t would be unwise to encourage all would-be appellants from interlocutory orders to delay for the purpose of dismissal for lack of prosecution and review of otherwise unreviewable decisions.”
4 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.