Duncan v. Peck’s Empirical Analysis
752 F.2d 1135 · 1985
Citation profile
24 federal appellate · 1 state decisions
How this case has been cited
Cited by 49 later decisions — most recently February 2020 · most notably Gutierrez v. Lynch (1987), Smith v. Sushka (1997)
24 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. § 1738 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Mullane v. Central Hanover Bank & Trust Co. · Migra v. Warren City School District Board of Education · Lugar v. Edmondson Oil Co. · Shaffer v. Heitner · Pennoyer v. Neff
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test for determining whether a second suit is for the same cause of action as the first is to consider the facts necessary to sustain the two claims.”
7 later decisions quote this exact passage · from the majority“final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action.”
6 later decisions quote this exact passage · from the majority“a final judgment or decree rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction is conclusive of rights, questions, and facts in issue as to the parties and their privies, and is a complete bar to any subsequent action on the same claim or cause of action between the parties or those in privity with them.”
1 later decision 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.