Scarborough v. Eubanks’s Empirical Analysis
747 F.2d 871 · 1984
Citation profile
33 federal appellate · 7 district · 9 state decisions
How this case has been cited
Cited by 93 later decisions — most recently April 2019 · most notably Poulis v. State Farm Fire & Casualty Co. (1984), Malone v. United States Postal Service (1987)
33 federal appellate · 7 district · 9 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 National Hockey League v. Metropolitan Hockey Club, Inc. · Poulis v. State Farm Fire & Casualty Co. · Gross v. Stereo Component Systems, Inc. · Prince v. Lehtenen
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the extent of the party’s personal responsibility; (2) the prejudice to the adversary caused by the failure to meet scheduling orders and respond to discovery; (3) a history of dilatoriness; (4) whether the conduct of the party or the attorney was willful or in bad faith; (5) the effectiveness of sanctions other than dismissal, which entails an analysis of alternative sanctions; and (6) the meritoriousness of the claim or defense.”
12 later decisions quote this exact passage · from the majority“the irretrievable loss of evidence, the inevitable dimming of witnesses' memories, or the excessive and possibly irremediable burdens or costs imposed on the opposing party.”
7 later decisions quote this exact passage · from the majority“the type of willful or contumacious behavior”
4 later decisions quote this exact passage · from the majoritye.g. Hildebrand v. Allegheny Cnty. · Gustav A. Adams Andrew F. Dopkins and Robert Malcolm, Deceased, by His Lillian Malcolm v. Trustees of the New Jersey Brewery Employees' Pension Trust Fund Local Union 843, International Brotherhood of Teamsters Falstaff Brewing Corporation and Joseph M. Byrne Co., a Corporation of the State of New Jersey (Newark New Jersey District Civil No. 76-01931) Bruno Michota Walter Lemke Abraham Gellman Lawrence Balback Bolly Bonk William Dunne Bernard Kosciewicz Siegfried Milchram Howard Sears Stephen Gardzinski Harry Wolf Bruno Dziedzic William Riedel Salvatore Guarneri Samuel Monto Fermin Loma Vincent Sadowski Stanley Kiesnowski Anthony Bellina Frank Pavolonis William Roesch Michael Duda Edward Strittmatter Frederick Hubner Peter Rudy Harold Wanthouse Joseph Duffy Joseph Coyle Grace Green, Widow of Harold Green, Deceased v. Anheuser-Busch, Incorporated, (Budweiser) P. Ballantine & Sons Pabst Brewing Company Falstaff Brewing Corporation Investors Funding Corporation Rheingold Breweries, Inc. The New Jersey Brewery Employees' Pension Trust Fund Henry T. Hamilton Herbert v. Johnson Frank A. Jackiewicz Frank Sullivan Herbert Heilmann, Jr. Henry Tchorzewski Benno Merker and Arthur Spinello, as Trustees of the New Jersey Brewery Employees' Pension Trust Fund (Newark New Jersey District Civil No. 77-02543) Pension Benefit Guaranty Corporation ("Pbgc")
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.